(a) Compliance with regulations. A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed, as provided in paragraph (b) of this section, with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay 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 (when agreed to by the carrier and shipper or receiver involved) from a claimant, filed with a proper carrier within the time limits specified in the bill of lading or contract of carriage or transportation and: (1) Containing facts sufficient to identify the baggage or shipment (or shipments) of property, (2) asserting liability for alleged loss, damage, injury, or delay, and (3) making claim for the payment of a specified or determinable amount of money, shall be considered as sufficient compliance with the provisions for filing claims embraced in the bill of lading or other contract of carriage; Provided, however, That where claims are electronically handled, procedures are established to ensure reasonable carrier access to supporting documents.
(c) Documents not constituting claims. Bad order reports, 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 more or less,” the carrier against whom such claim is filed shall determine the condition of the baggage or 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 in writing 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 his title to the property involved or his right with respect to such claim.
[37 FR 4258, Mar. 1, 1972, as amended at 47 FR 12803, Mar. 25, 1982]
Notes of Decisions
Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co., 420 F.3d 1243 (11th Cir. 2005).
· cites it 12× “BIRCH, Circuit Judge: This appeal presents two issues of first impression in our circuit: (1) whether a shipper’s timely compliance with the minimum claim filing requirements in 49 C.F.R. § 1005.2 (b), a regulation promulgated by the Interstate Commerce Commission (“ICC”), is a…”
Molloy v. Allied Van Lines, Inc., 267 F. Supp. 2d 1246 (M.D. Fla. 2003).
· cites it 16× “3 (b); 49 C.F.R. § 1005.2 (b). 6 First, the claim must be a written or electronic communication.”
S & H Hardware & Supply Co. v. Yellow Transp., Inc., 432 F.3d 550 (3rd Cir. 2005).
· cites it 5× “§ 14706(e); 49 C.F.R. § 1005.2 (a). The United States District Court for the Eastern District of Pennsylvania granted summary judgment to Yellow, holding that S & H had not complied with the notice requirement.”
Consol. Rail Corp. v. Primary Indus. Corp., 868 F. Supp. 566 (S.D.N.Y. 1994).
· cites it 4× “Conrail claims that from the time of the rerouting and delay causing the alleged damages, August through October 1991, until Primary Coal filed its counterclaim in September *575 1992, it received no notice of a claim that complied with the contractually mandated requirements of…”
Bobst Div. of Bobst Champlain, Inc. v. IML-Freight, Inc., 566 F. Supp. 665 (S.D.N.Y. 1983).
· cites it 4× “IML defends on the ground that a written notice of claim containing the minimum filing requirements, 49 C.F.R. § 1005.2 (b), was not filed in writing with the receiving or delivering carrier within nine months after delivery of the property, as required by paragraph 2(b) of the…”
Nedlloyd Lines, B v. Corp. v. Harris Transp. Co., Inc., 922 F.2d 905 (1st Cir. 1991).
· cites it 3× “Part 1005 of Title 49 of the Code of Federal Regulations requires that a claimant shipper file within the specified time limits, see note 2, supra, a communication in writing containing facts sufficient to identify the baggage or shipment involved, asserting liability for the…”
Ins. Co. of North Am. v. G.I. Trucking Co., 1 F.3d 903 (9th Cir. 1993).
· cites it 3× “of property, (2) [an assertion] of liability for alleged loss, damage, injury, or delay, and (3) a claim for the payment of a specified or determinable amount of money[J” 49 C.F.R. § 1005.2 (b) (1992). Paragraph (d) of § 1005.”
Lewis v. Atlas Van Lines, Inc., 542 F.3d 403 (3rd Cir. 2008).
· cites it 2× “3 went into effect in 1997 and are also found in 49 C.F.R. § 1005.2 . As a result, several of the cases we discuss in this opinion cite to 49 C.”
Charles Barnett v. Okeechobee Hosp., 283 F.3d 1232 (11th Cir. 2002).
“49C.F.R. § 1005.2(a) (2001) provides: A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed .”
— 49 C.F.R. § 1005.2(a) — 3 cases
Charles Barnett v. Okeechobee Hosp., 283 F.3d 1232 (11th Cir. 2002).
“49C.F.R. § 1005.2(a) (2001) provides: A claim for loss or damage to baggage or for loss, damage, injury, or delay to cargo, shall not be voluntarily paid by a carrier unless filed .”
Molloy v. Allied Van Lines, Inc., 267 F. Supp. 2d 1246 (M.D. Fla. 2003).
“3 (b); 49 C.F.R. § 1005.2 (b). 6 First, the claim must be a written or electronic communication.”
— 49 C.F.R. § 1005.2(b) — 2 cases
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