Compilation of Rules and Regulations of the State of Georgia › Department 570 - RULES OF DEPARTMENT OF PUBLIC SAFETY › Chapter 570-38 - MCCD REGULATORY COMPLIANCE SECTION › Subject 570-38-3 - HOUSEHOLD GOODS CARRIERS › Rule 570-38-3-.17 - Claims for Overage, Loss, or Damage

Current through Rules and Regulations filed through June 27, 2024
(1) A claim by a customer of a household
				goods carrier regulated under these Rules that said carrier charged in excess
				of the amount(s) authorized by these Rules or lost or damaged property of the
				customer must be submitted to the carrier in writing (print or electronic) no
				more than 90 days after delivery or - where the carrier failed to deliver such
				property - scheduled delivery. If a carrier represents to a customer that
				delivery is expected at a later date than originally scheduled, this 90-day
				period shall not commence until the later scheduled delivery date
				occurs.
(2) A carrier of household
				goods shall handle to completion all claims for overcharge, loss, or damage in
				a reasonably timely manner and within 90 days of the filing of the claim with
				the carrier to the extent feasible. To the extent that a carrier is not able to
				handle to completion a claim for overcharge, loss, or damage within 90 days of
				the filing of the claim with the carrier, the carrier shall be required to
				provide a reasonable explanation as to the cause of the delay, and shall still
				be required to handle the claim to completion within a reasonable time under
				the circumstances.
(3) For the
				purposes of this rule, "completion" means payment or refund of the claim to the
				claimant, notification to the claimant that the carrier has determined it does
				not own any amount to the claimant under the relevant law and/or agreement,
				return to value of any and all claimed lost or damaged property or damage
				either through replacement or repair, or any other method by which a claim is
				entirely addressed or the carrier notifies a claimant of the reason(s) why the
				complaint cannot or will not be entirely addressed.
(4) Except to the extent prohibited by law,
				claims for loss or damage shall be paid by the carrier at fault and claims for
				overage shall be paid by the carrier which collected the overage.
(5) Except as provided in paragraph (6) of
				this Rule, a carrier evaluating a claim for loss or damage shall inspect any
				and all reported damage and provide for repairs or compensation based on the
				level of liability selected and defined in the Addendum to Uniform Household
				Goods Bill of Lading (Shipper Declaration of Value) form. A customer filing a
				claim for loss or damage under this Rule shall give the carrier a reasonable
				opportunity to inspect any property alleged to be damaged or lost or else such
				customer shall not be entitled to full return to value in accordance with this
				Rule.
(6) Except to the extent
				prohibited by law, a customer may make a claim for damage or loss to the
				customer's dwelling or the location comprising the point-of-origin or
				destination for services provided by a household goods carrier governed by
				these Rules. Such claims may include damage to or loss of items including but
				not limited to walls, floors, steps, ceilings, rails, doors, driveways, lawns,
				fences, patios, or garages. Such items are not required to be listed in the
				Shipper's Declaration of Value form in order for a carrier to be held
				responsible for loss or damage to said items. Transit-related damage to a
				customer's dwelling or surrounding area is not subject to or governed by the
				Shipper's Declaration of Value form, which is only intended to relate to a
				customer's household goods articles. If any such damage is determined to be
				transit related, the carrier shall repair or restore to original condition or
				otherwise make whole the claimant by compensation.
(7) In no event shall the carrier's liability
				for lost or damaged property under this Rule exceed the cost of repairing or
				replacing the property lost or damaged with material of like kind and quality
				not exceeding the actual cash value of the property at the time and place of
				loss, nor shall the carrier's liability exceed the values established in
				accordance with Rule  570-38-3-.10.
(8) No carrier subject to regulation under
				this Subchapter shall collect or require a shipper to pay any charges relating
				to lost or damaged goods or articles when a shipment is completely or totally
				lost or destroyed in transit, provided however that the carrier shall be
				entitled to collect and the customer shall be required to pay any specific
				valuation charges that are due to the carrier for such shipment. This paragraph
				shall not apply to the extent that any such loss or destruction is due to the
				act or omission of the customer.
(9) Except to the extent otherwise required
				by law, in no event shall a carrier be liable for:
(a) Loss or damage to any property occurring
				after the property has been delivered to or received by the customer or the
				customer's agent;
(b) Loss or
				damage to any property occurring before the property has been handled or loaded
				by the carrier;
(c) Articles of
				extraordinary value including, but not limited to, documents, currency, money,
				jewelry, watches, precious stones, accounts, bills, deeds, evidences of debt,
				securities, notes, collectibles, articles of peculiarly inherent value,
				precious metals or articles manufactured therefrom, or any article with a value
				in excess of $100.00 per pound, except to the extent that such items are
				specifically listed in the bill of lading;
(d) Damage or loss to articles that were
				packed and/or prepared by the customer or the customer's agent to the extent
				the damage was caused by the negligence of the customer or the customer's agent
				in packing and/or preparing such articles for transportation; or
(e) The quality of products furnished,
				services performed, or damages to property or premises as a result of engaging
				any third person or persons in accordance with Rule  570-38-3-.05(10).
(f) Constructive damage to household goods
				articles that comprise part of a "matched set" of articles that did not
				actually receive damage. Except to the extent otherwise required by law, in
				instances in which a carrier is liable for one or more articles comprising a
				matched set or group of articles, the carrier shall only be liable for repair,
				compensation, or replacement of the lost or damaged article(s) and shall not be
				liable for repair, compensation, or replacement of the entire set or group of
				articles.