(a) Claim forms to be made available.
- (1) Carriers shall require a supply of blank claim forms to accompany each shipment of household goods subject to this subpart.
- (2) Upon delivery of each shipment of household goods, an agent of the carrier shall, upon request of the shipper or his or her agent, present to the shipper blank claim forms sufficient to enable a shipper to make a written claim to the carrier for loss or damage of goods.
- (3) Provided, nothing in this section shall relieve the carrier from the burden of supplying the shipper with additional claim forms should he or she request them.
(b) Acknowledgment of claims.
- (1) Every carrier which receives a complaint or claim, in writing or otherwise, for loss or damage shall acknowledge its receipt 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 or the carrier's record of the claim.
- (3) Nothing in this section shall prohibit a carrier from requiring that a claimant supplement an oral claim by a writing prior to final disposition of the claim.
- (c) Handling by carriers. Every such carrier which receives a claim for loss or damage shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within ninety (90) days after receipt of the claim by the carrier or its agent, provided that, if the claim cannot be processed and disposed of within ninety (90) days after the receipt thereof, the carrier shall at that time and upon 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 making final disposition thereof, and send a copy of such letter to the State Highway Commission.
(d) Register of loss and damage claims.
(1) Every carrier shall maintain a freight claim register, showing for each cargo:
- (A) Loss and damage claim received;
- (B) The claim number, date, and amount;
- (C) The waybill or expense bill number and date;
- (D) Name of claimant;
- (E) Kind of commodity;
- (F) Date claim was paid;
- (G) Total amount paid or date claim was disallowed and reasons;
- (H) Amount of salvage recovered, if any; and
- (I) Amounts reimbursed by insurance companies, connecting carriers, or others, and the amount absorbed by the carriers.
- (2) Each claim received shall be entered in the register and should be supported by the complete file of claim papers.