LTL Freight News

Concealed damage is much harder to prove because there's reasonable doubt as to who's responsible for having caused the damage. Carriers can't simply take everyone's word that a shipment arrived with damage and can't return every concealed damage shipment back to the shipper free of charge. If they were to do that, they'd go out of business quickly. Let's face it: customers don't always tell the truth. The unfortunate issue with concealed damage is the fact that, unless someone accepts and/or admits responsibility for having caused the damage, it's virtually impossible to concretely determine exactly who was responsible for having caused the damage. There’s no doubt that concealed damages happen and they are sometimes the fault of the carrier. Concealed damage also happens sometimes through no fault of the carrier, and it is sometimes a result of careless handling by another party involved with the handling of the shipment, either before or aft...

There are some important changes that have been made in Supplement 1 to NMFC 100-AO regarding guidelines for filing and investigating damage claims. New NMFC guidelines effective April 18 require concealed damages be reported to carriers within 5 days after delivery. Currently concealed damages can be reported up to 15 days after delivery for consideration of a valid claim; however, per NMFC guidelines effective April 18, 2015 the time period for reporting concealed damages is being reduced to 5 days. The closer to the time of delivery that the damage is reported to the carrier the more likely the claimant is to receive some type of settlement offer, but just because the damage is reported in a timely fashion doesn't necessarily mean that the claim will be approved for a settlement. Other changes effective on 4/18/2015 include one day being removed from the time frame allotted for filing suit on a claim. The new time period for filing a suit is two years. Previously, it was two...