Freight Claims

To file a claim, email a completed freight claim form to freightclaims@braunsexpress.com or contact the Claims Department at our corporate office in Hopedale, MA. Note that all claims filed after the claim filing and concealed damage filing deadlines specified below will be denied. Claims filing rules are as follows:


FILING OF CLAIMS


(a) Compliance with Regulations. A claim for loss or damage to cargo will not be voluntarily paid by a carrier unless filed as provided in subparagraph (b) below, with the receiving or delivering carrier, or carrier issuing the bill of lading, or carrier on whose line the alleged loss or damage 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 from a claimant, filed with a proper carrier within not more than nine (9) months from the date of delivery in the event of a damage claim, and not more than nine (9) months from the date of the bill of lading in the event of loss, at a minimum shall be accompanied by the following documents and/or information:

  1. A copy of the bill of lading or facts sufficient to enable the carrier to whom the notice of the claim is submitted to identify the shipment(s) of property alleged to have been lost or damaged,
  2. Facts and documents upon which the claimant's assertion of carrier liability for the alleged damage or loss is based,
  3. A specified or determinable amount of money for the alleged damage or loss, and the documents and/or information establishing the basis for that amount of money.

(c) Documents Not Constituting Claims. Appraisal reports of damage, notations of shortage or damage, or both, on freight bills, delivery 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 "$100.00 more or less," the carrier against whom such claim is filed shall determine the condition of the 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 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 their title to the property involved or their right with respect to such claim.

(f) Delivery Receipt.

  1. A shipping container(s) or package(s) showing any external signs of damage when received by the consignee is to be noted on the delivery receipt and such shipping container or package is to be opened promptly and the contents inspected by the consignee.
  2. Possession of a signed delivery receipt, with no exceptions or damage noted thereon, shall be prima facie evidence that the carrier has successfully discharged its obligations under Section 14706 of 49 USC.

(g) Civil Action. A civil action must be filed not more than two (2) years from the date on which the carrier provided written or electronic notice disallowing all or part of the claim.


REPORTING CONCEALED DAMAGE


(a) When damage to, or loss of, contents of a shipping container is discovered by the consignee that could not have been determined at time of delivery it must be reported by the consignee to the delivering carrier upon discovery.

(b) Reports must include a request for inspection by the carrier's representative.

(c) Notice of loss or damage and request for inspection may be given by telephone or in person, but in either event must be confirmed by a written or electronic communication.

(d) While awaiting inspection by carrier, the consignee must hold the shipping container and its contents in the same condition they were in when damage was discovered, insofar as it is possible to do so.

(e) Unless otherwise specified by the carrier, notice of loss or damage should be provided to the carrier within five (5) business days from the date of delivery.

(f) If five (5) business days, or such other period as specified by the carrier, pass between the date of delivery of the shipment by carrier and date of report of loss or damage and request for inspection by consignee, it is incumbent upon the consignee to offer reasonable evidence to the carrier's representative when inspection is made that loss or damage was not incurred by the consignee after delivery of shipment by carrier.

(g) Reasonable evidence includes, but is not limited to:

  1. Identifying the party(ies) responsible for unloading,
  2. Identifying the chain of custody of the article, including prior transportation by any mode,
  3. Location(s) of the article(s) once the shipment was received until the damage was noted,
  4. Any mechanical or physical handling by the consignee subsequent to delivery by the carrier.

(h) If a clear delivery receipt is available on the shipment, e.g. no damage or shortage is noted, the claimant must provide documentation showing that damage or loss occurred prior to delivery.


MAXIMUM LIABILITY


Unless shipment value is clearly noted on the Bill of Lading, the carrier’s maximum liability in the event of loss or damage will be $5.00 per pound. If you wish to tender us a shipment that exceeds this maximum value, please contact us for options.


DOWNLOAD THE FREIGHT CLAIM FORM


Direct all inquiries to freightclaims@braunsexpress.com


Adobe Reader