C.F.R. » Title 49 » CHAPTER X—SURFACE TRANSPORTATION BOARD › SUBCHAPTER A—GENERAL RULES AND REGULATIONS › PART 1005—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE

49 C.F.R. § 1005.3

Acknowledgment of claims

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(a) Each carrier shall, upon receipt in writing or by electronic transmission of a proper claim in the manner and form described in the regulations, acknowledge the receipt of such claim in writing or electronically to the claimant within 30 days after the date of its receipt by the carrier unless the carrier shall have paid or declined such claim in writing or electronically within 30 days of the receipt thereof. The carrier shall indicate in its acknowledgment to the claimant what, if any, additional documentary evidence or other pertinent information may be required by it further to process the claim as its preliminary examination of the claim, as filed, may have revealed.

(b) The carrier shall at the time each claim is received create a separate file and assign thereto a successive claim file number and note that number on all documents filed in support of the claim and all records and correspondence with respect to the claim, including the acknowledgment of receipt. At the time such claim is received the carrier shall cause the date of receipt to be recorded on the face of the claim document, and the date of receipt shall also appear in the carrier's acknowledgment of receipt to the claimant. The carrier shall also cause the claim file number to be noted on the shipping order, if in its possession, and the delivery receipt, if any, covering such shipment, unless the carrier has established an orderly and consistent internal procedure for assuring: (1) That all information contained in shipping orders, delivery receipts, tally sheets, and all other pertinent records made with respect to the transportation of the shipment on which claim is made, is available for examination upon receipt of a claim; (2) that all such records and documents (or true and complete reproductions thereof) are in fact examined in the course of the investigation of the claim (and an appropriate record is made that such examination has in fact taken place); and (3) that such procedures prevent the duplicate or otherwise unlawful payment of claims.

[37 FR 4258, Mar. 1, 1972, as amended at 37 FR 20943, Oct. 10, 1972; 47 FR 12803, Mar. 25, 1982]
Notes of Decisions
Cited in 7 cases, 1977–2004 · leading case: Konst v. Florida East Coast Ry. Co., 71 F.3d 850 (11th Cir. 1996).
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Konst v. Florida East Coast Ry. Co., 71 F.3d 850 (11th Cir. 1996). · cites it 3× “The regulations establish the following: (1) the duty to acknowledge the receipt in writing or electronically within 30 days after the date of its receipt, 49 C.F.R. § 1005.3 (a); (2) the duty to create a separate file, 49 C.”
Perini-North River Assocs., a Corp. v. Chesapeake & Ohio Ry. Co. & Penn Cent. Transp. Co., 562 F.2d 269 (3rd Cir. 1977). “49 C.F.R. § 1005.3 (b) (1976). As the trial judge found, Perini knew a written claim was necessary; Penn Central’s irregular conduct misled Perini to the belief that this case was an exception to the rule.”
Elroy Enter. Inc. v. Roadway Express, Inc., 746 F. Supp. 284 (E.D.N.Y 1990). · cites it 3× “This procedure is mandated by 49 C.F.R. § 1005.3 . 1 See also Smith Aff.”
Gen. Elec. Co. v. Brown Transp. Corp., 597 F. Supp. 1258 (E.D. Va. 1984). “The carrier must: create an individual file and assign a file number to the claim 49 C.F.R. § 1005.3 (b); acknowledge receipt of the claim within thirty days § 1005.”
Molloy v. Allied Van Lines, Inc., 267 F. Supp. 2d 1246 (M.D. Fla. 2003). “5 (a); 49 C.F.R. § 1005.3 (a). The regulations do not prohibit a claimant from claiming compensation for the estimated cost of repairing a shipped item by attaching to his claim a repair appraisal, so long as the claim and appraisal together establish and claim a “determinable”…”
Taylor v. Mayflower Transit, Inc., 161 F. Supp. 2d 651 (W.D.N.C. 2000). “49 C.F.R. § 1005.3 (a). Even using September 2, 1997, as the date the claim was filed, the defendants were required to acknowledge receipt of the claim by October 2, 1997.”
Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co., 336 F. Supp. 2d 1201 (M.D. Fla. 2004). · cites it 2× “regulations itself through failing to “acknowledge Siemens' April 5, 2000 claim notice within the 30 days required by 49 C.F.R. § 1005.3 (a)” Title 49 C.F.R. 1005.”
— 49 C.F.R. § 1005.3(a) — 1 case
Siemens Power Transmission & Distrib., Inc. v. Norfolk S. Ry. Co., 336 F. Supp. 2d 1201 (M.D. Fla. 2004). “regulations itself through failing to “acknowledge Siemens' April 5, 2000 claim notice within the 30 days required by 49 C.F.R. § 1005.3 (a)” Title 49 C.F.R. 1005.”
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