[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR370.3]



[Page 59-60]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 370_PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY 

DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE--Table 

of Contents

 

Sec. 370.3  Filing of claims.



    (a) Compliance with regulations. A claim for loss or damage to 

baggage or for loss, damage, injury, or delay to cargo, shall not be 

voluntarily paid by a carrier unless filed, as provided in paragraph (b) 

of this section, with the receiving or delivering 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 written or electronic 

communication (when agreed to by the carrier and shipper or receiver 

involved) from a claimant, filed with a proper carrier within the time 

limits specified in the bill of lading or contract of carriage or 

transportation and:

    (1) Containing facts sufficient to identify the baggage or shipment 

(or shipments) of property,

    (2) Asserting liability for alleged loss, damage, injury, or delay, 

and

    (3) Making claim for the payment of a specified or determinable 

amount of money, shall be considered as sufficient compliance with the 

provisions for filing claims embraced in the bill of lading or other 

contract of carriage; Provided, however, That where claims are 

electronically handled, procedures are established to ensure reasonable 

carrier access to supporting documents.

    (c) Documents not constituting claims. Bad order reports, appraisal 

reports of damage, notations of shortage or damage, or both, on freight 

bills, delivery



[[Page 60]]



receipts, or other documents, or inspection reports issued by carriers 

or their inspection agencies, whether the extent of loss or damage is 

indicated in dollars and cents or otherwise, shall, standing alone, not 

be considered by carriers as sufficient to comply with the minimum claim 

filing requirements specified in paragraph (b) of this section.

    (d) Claims filed for uncertain amounts. Whenever a claim is 

presented against a proper carrier for an uncertain amount, such as 

``$100 more or less,'' the carrier against whom such claim is filed 

shall determine the condition of the baggage or shipment involved at the 

time of delivery by it, if it was delivered, and shall ascertain as 

nearly as possible the extent, if any, of the loss or damage for which 

it may be responsible. It shall not, however, voluntarily pay a claim 

under such circumstances unless and until a formal claim in writing for 

a specified or determinable amount of money shall have been filed in 

accordance with the provisions of paragraph (b) of this section.

    (e) Other claims. If investigation of a claim develops that one or 

more other carriers has been presented with a similar claim on the same 

shipment, the carrier investigating such claim shall communicate with 

each such other carrier and, prior to any agreement entered into between 

or among them as to the proper disposition of such claim or claims, 

shall notify all claimants of the receipt of conflicting or overlapping 

claims and shall require further substantiation, on the part of each 

claimant of his/her title to the property involved or his/her right with 

respect to such claim.