C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 370—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING SALVAGE

49 C.F.R. § 370.9

Disposition of claims

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(a) Each carrier subject to 49 U.S.C. subtitle IV, part B which receives a written claim for loss or damage to baggage or for loss, damage, injury, or delay to property transported shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier; Provided, however, That, if the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall at that time and at the expiration of each succeeding 60-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reason for the delay in making final disposition thereof and it shall retain a copy of such advice to the claimant in its claim file thereon.

(b) When settling a claim for loss or damage, a household goods motor carrier as defined in § 375.103 of this subchapter shall use the replacement costs of the lost or damaged item as a base to apply a depreciation factor to arrive at the current actual value of the lost or damaged item.

[62 FR 32042, June 12, 1997, as amended at 78 FR 58478, Sept. 24, 2013; 81 FR 68345, Oct. 4, 2016; 83 FR 16224, Apr. 16, 2018]
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2003–2023 · leading case: Total Quality Logistics, L.L.C. v. JK & R Express, L.L.C., 2022 Ohio 3969 (Ohio Ct. App. 2022).
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Total Quality Logistics, L.L.C. v. JK & R Express, L.L.C., 2022 Ohio 3969 (Ohio Ct. App. 2022). “{¶ 31} Section 8(e) provides that Notwithstanding the terms of 49 C.F.R. § 370.9 , CARRIER shall acknowledge a claim within 30 days of receipt, and pay, decline, or make a settlement offer in writing on all cargo loss or damage claims within 60 days from the receipt of the claim.”
Godoy v. Total Quality Logistics, L.L.C., 2023 Ohio 4585 (Ohio Ct. App. 2023). “Notwithstanding the terms of 49 C.F.R. § 370.9 , CARRIER shall acknowledge a claim within 30 days of receipt, and pay, decline, or make a settlement offer in writing on all cargo loss or damage claims within 60 days from the receipt of the claim.”
Molloy v. Allied Van Lines, Inc., 267 F. Supp. 2d 1246 (M.D. Fla. 2003). “49 C.F.R. § 370.9 (b); 49 C.F.R. § 1005.5 (b).”
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