[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: 49CFR370.7]



[Page 60-61]

 

                        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. 370.7  Investigation of claims.



    (a) Prompt investigation required. Each claim filed against a 

carrier in the manner prescribed in this part shall be promptly and 

thoroughly investigated if investigation has not already been made prior 

to receipt of the claim.

    (b) Supporting documents. When a necessary part of an investigation, 

each claim shall be supported by the original bill of lading, evidence 

of the freight charges, if any, and either the original invoice, a 

photographic copy of the original invoice, or an exact



[[Page 61]]



copy thereof or any extract made therefrom, certified by the claimant to 

be true and correct with respect to the property and value involved in 

the claim; or certification of prices or values, with trade or other 

discounts, allowance, or deductions, of any nature whatsoever and the 

terms thereof, or depreciation reflected thereon; Provided, however, 

That where property involved in a claim has not been invoiced to the 

consignee shown on the bill of lading or where an invoice does not show 

price or value, or where the property involved has been sold, or where 

the property has been transferred at bookkeeping values only, the 

carrier shall, before voluntarily paying a claim, require the claimant 

to establish the destination value in the quantity, shipped, 

transported, or involved; Provided, further, That when supporting 

documents are determined to be a necessary part of an investigation, the 

supporting documents are retained by the carriers for possible FMCSA 

inspection.

    (c) Verification of loss. When an asserted claim for loss of an 

entire package or an entire shipment cannot be otherwise authenticated 

upon investigation, the carrier shall obtain from the consignee of the 

shipment involved a certified statement in writing that the property for 

which the claim is filed has not been received from any other source.