The following provisions of the Bill of Lading and National Motor Freight Classification are furnished to assist claimant in determining:
  1) When to file a claim  
  2) With whom claim should be filed  
  3) How to file a claim  

Bill of Lading Contract Terms and Conditions

Section 3

(a)As a condition precedent to recovery, claims must be filed in writing with: any participating carrier having sufficient information to identify the shipment

(b)Claims for loss or damage must be filed within nine months after the delivery of the property (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
(c)Suits for loss, damage, injury or delay shall be instituted against any carrier no later than two years and one day from the day when written notice is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier shall be liable, and such claims will not be paid.

National Motor Freight Classification
Item
300105

Filing of Claims
(a)
Claims in writing required. A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo will not be voluntarily paid by a carrier unless filed in writing, as provided in subparagraph (b) below, with the receiving carrier or carrier issuing the bill of lading receipt, ticket or baggage check, or carrier on whose line the alleged loss, damage, injury or delay occurred, within the specified time limits applicable thereto and as otherwise may be required by law, the terms of the bill of lading, or other contract of carriage, and all tariff provisions applicable thereto.
(b) Minimum filing requirements. A communication in writing from a claimant, filed with a proper carrier within the time limits specified in the bill of lading contract or contract of carriage or transportation, and (1) containing facts sufficient to identify the baggage or shipment (or shipments) of property involved, (2) asserting liability for alleged loss, damage, injury or delay, and (3) making claim of a specified or determinable amount of money, will be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage.
(c) Bad order reports, appraisal report of damage, notations of exception on freight bills or other documents, inspection reports issued by carrier inspectors or inspection agencies, tracers or inspection requests do not comply with claim filing requirements.

30010

Documents Required in Support of Claims
(a) A written demand for payment, asserting carrier liability for alleged loss, damage, injury, or delay, and containing facts sufficient to identify the shipment or shipments involved will constitute a claim, regardless of form, and will be required.
(b) When claimant does not appear from the supporting documents to be an interested party, carrier will require any necessary written assignment or other proof to determine the claimant is the proper party to receive any claim payment.
(c) Claim must be supported by either the original invoice; a photographic copy of the original invoice; an exact copy thereof, or an extract therefrom, certified by the claimant or his authorized representative to be true and correct with respect to the property involved in the claim and reflecting all trade or other discounts, allowances, or deductions of any nature. When the original invoice is not submitted, such document must be made available for inspection by carrier representative upon request.
(d) When determined by the carrier to be a necessary part of the investigation, the following will be required:
     1. The original freight bill and bill of lading or other contract of carriage. When claimant cannot furnish these documents, carrier may require suitable indemnity from the claimant.
     2. When the property involved in the claim has not been invoiced to the consignee or where invoice does not show price or value, or where the property has not been sold but has been transferred at bookkeeping values only, or where property has been shipped on consignment or approval, documentation to establish destination value in the quantity shipped and certification of the correctness thereof.
     3. In order to establish the full recoverable loss caused by the carriers, the original amount of sale, showing the date of sale and the amounts realized on the damaged and undamaged portions, respectively, showing grade, brands, quality, variety, size and condition, together with any deductions, allowances and conditions, or a copy thereof certified correct over the signature of the claimant or an authorized representative thereof.
     4. When shipment has received prior transportation and is reshipped from a distribution or warehousing point but has been opened and examined and contents verified as being in an undamaged condition, certification thereof must be made by a person having actual knowledge of such inspection and a statement to that effect incorporated in such certification.
     5. When an asserted claim for loss of an entire package or on an entire shipment cannot otherwise be authenticated upon investigation, the carrier will obtain from the consignee of the shipment involved, a certified statement in writing that the property for which the claim is field has not been received from any source.