Article 5. – loss and damage
R2‑20 SETTLEMENT OF household goods CLAIMS
G.S. 62-203 specifically sets forth the carrier's liability
for damaged property in transit. The carrier issuing a bill of lading for
transportation of household goods in intrastate commerce and the motor carriers
voluntarily participating in this rule pursuant to G.S. 62-152.2 shall be
liable to the lawful holder thereof for any loss, damage or injury to such
property caused by it or by any carrier participating in the haul and
transporting it on a through bill of lading, and such carrier delivering said property
so received and transported shall be liable to the lawful holder of said bill
of lading or to any party entitled to recover thereon for such loss, damage or
injury, notwithstanding any contract or agreement to the contrary; that is to
say, that once the validity of a claim is established by the originating and/or
delivering carrier, settlement of said valid claim shall be promptly made to
the claimant. In the case of a claim where more than one carrier participated
in the haul, either the originating or delivering carrier after establishing
the validity of said claim shall make prompt settlement to the party in
interest filing said claim, and the proration of any settlement thereof shall
be a matter between the participating carriers and not between the shipper or
receiver and each of said participating carriers. THIS RULE DOES NOT APPLY TO
MOTOR CARRIERS OF PASSENGERS.
(NCUC Docket No. T-100, Sub 32, 8/23/95; NCUC Docket No.
T-100, Sub 49, 01/09/04.)