Article 5. – loss and damage

Link to law: http://reports.oah.state.nc.us/ncac/title 04 - commerce/chapter 11 - utilities commission/04 ncac 11 r02-20.html
Published: 2015

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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.)