[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: 49CFR370.5]



[Page 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. 370.5  Acknowledgment of claims.



    (a) Each carrier shall, upon receipt in writing or by electronic 

transmission of a proper claim in the manner and form described in the 

regulations in the past, acknowledge the receipt of such claim in 

writing or electronically to the claimant within 30 days after the date 

of its receipt by the carrier unless the carrier shall have paid or 

declined such claim in writing or electronically within 30 days of the 

receipt thereof. The carrier shall indicate in its acknowledgment to the 

claimant what, if any, additional documentary evidence or other 

pertinent information may be required by it further to process the claim 

as its preliminary examination of the claim, as filed, may have 

revealed.

    (b) The carrier shall at the time each claim is received create a 

separate file and assign thereto a successive claim file number and note 

that number on all documents filed in support of the claim and all 

records and correspondence with respect to the claim, including the 

acknowledgment of receipt. At the time such claim is received the 

carrier shall cause the date of receipt to be recorded on the face of 

the claim document, and the date of receipt shall also appear in the 

carrier's acknowledgment of receipt to the claimant. The carrier shall 

also cause the claim file number to be noted on the shipping order, if 

in its possession, and the delivery receipt, if any, covering such 

shipment, unless the carrier has established an orderly and consistent 

internal procedure for assuring:

    (1) That all information contained in shipping orders, delivery 

receipts, tally sheets, and all other pertinent records made with 

respect to the transportation of the shipment on which claim is made, is 

available for examination upon receipt of a claim;

    (2) That all such records and documents (or true and complete 

reproductions thereof) are in fact examined in the course of the 

investigation of the claim (and an appropriate record is made that such 

examination has in fact taken place); and

    (3) That such procedures prevent the duplicate or otherwise unlawful 

payment of claims.