(a) Acknowledgment of claims.
- (1) Every carrier of property regulated by the State Highway Commission which receives a written claim for loss of or damage to property transported by it shall acknowledge receipt of such claim in writing to the claimant within thirty (30) calendar days after its receipt by the carrier or the carrier's agent.
- (2) The carrier shall at the time such claim is received cause the date of receipt to be recorded on the claim.
(b) Handling by carrier.
- (1) Every such carrier which receives a written claim for loss or damage to property transported by it shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within one hundred twenty (120) days after receipt of the claim by the carrier or its agent.
- (2) Provided that, if for reasons beyond the control of the carrier, the claim cannot be processed and disposed of within one hundred twenty (120) days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding thirty-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reasons for the delay in the making final disposition thereof, and send a copy of such letter to: Arkansas State Highway Commission P.O. Box 2261 Little Rock, Arkansas 72203
(c) Register of loss and damage claims.
(1) Every such carrier shall maintain a freight claim register showing for each loss and damage claim received:
- (A) The claim number, date, and amount;
- (B) The waybill or expense bill number and date;
- (C) Name of claimant;
- (D) Address of claimant;
- (E) Kind of commodity;
- (F) Date claim was paid;
- (G) Total amount paid, or date claim was disallowed and reasons for such disallowance;
- (H) Amount of salvage recovered, if any;
- (I) Amounts reimbursed to insurance companies, connecting carriers, or others; and
- (J) The amount absorbed by the carrier.
- (2) Each claim received shall be entered in the register and shall be supported by the complete file of claim papers.
- (3) If the claim papers are retained by insurance companies, connecting carriers, or others, the records of the carrier should contain an acknowledgment from the party retaining the claim file stating that the claim papers are in its possession.