claim question

M

mtltrans

Active Member
Jun 21, 2017
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Hello, here's a weird situation. Shipper sends out a skid that collapsed (it was tiles), damage occurs, demands it to be returned.
A claim is filed. Freight has no salvage value. The carrier that moved it for us wants the skid as part of the claim settlement.
Bad news: the client disposed of the product.
Question: is this still a claim?
Thanks!
 
No it's not. If the client disposed of the damaged product before the claim was investigated (and settled) then they can't prove the loss. When damaged product is returned to shipper it must always be held until claim is finalized and dispositions are signed.
 
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Thank you all, this is what we believed to be the case but hadn't seen such a thing.
 
shayne said:
Good luck explaining this salvage/sale rational to customer, they always pretend to be dumb. Probably ended up at st- Eustace flee market. sounds like CIOT
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It seems unlikely that they just threw it away. You're probably right.
 
If the skid that collapsed was the original skid that the product was shipped on then I'm not sure they would even have a claim in the first place.
 
It is the shippers responsibility to make sure the skid and boxes can withstand normal shipping so if their skid collapsed through no fault of the carrier how can they claim against them?
 
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Any idea how many times it was moved prior to final delivery? If during a transfer the forks of the forklift broke a stringer or a strap, it could have contributed to the collapse. Without the damaged product available for the carrier’s inspection, or at the very least photos showing the condition of the shipment at the time of pick up and at delivery, this claim would not be considered.
 
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