Truck Dispatcher TruckDisp Cargo Claims and Carrier Liability 3 — Questions and Answers
Question 1: What is the statute of limitations for filing a cargo loss or damage claim against a carrier under the Carmack Amendment?
- 6 months from delivery
- 9 months from delivery (Correct answer)
- 1 year from delivery
- 2 years from delivery
Correct answer: 9 months from delivery
Shippers must file cargo loss or damage claims within 9 months of delivery (or expected delivery for non-delivery) under the Carmack Amendment.
Question 2: A carrier delivers 100 pallets but the BOL shows 110 pallets were picked up. This is classified as:
- Cargo damage
- Freight shortage (Correct answer)
- Concealed loss
- Overcharge claim
Correct answer: Freight shortage
When fewer items are delivered than were picked up, this constitutes a freight shortage claim.
Question 3: Which party is responsible for filing a cargo claim when the shipment is sold FOB Destination?
- The shipper
- The consignee (buyer) (Correct answer)
- The freight broker
- The insurance company
Correct answer: The consignee (buyer)
Under FOB Destination terms, the seller retains title until delivery, but the consignee (receiver) typically files the claim since risk passes at destination.
Question 4: What is subrogation in the context of cargo insurance?
- A carrier's right to refuse a claim
- An insurer's right to pursue the carrier after paying the insured's claim (Correct answer)
- A shipper's right to double-collect from carrier and insurer
- A broker's liability for carrier negligence
Correct answer: An insurer's right to pursue the carrier after paying the insured's claim
Subrogation allows the cargo insurer, after paying the shipper's claim, to step into the shipper's shoes and pursue recovery from the responsible carrier.
Question 5: A carrier refuses to pay a cargo claim, citing the 'act of God' exception. Which scenario would qualify?
- A tire blowout causing the truck to overturn
- A tornado that damaged goods in a secure warehouse (Correct answer)
- Heavy rain that delayed delivery causing spoilage
- A wildfire near the highway requiring a detour
Correct answer: A tornado that damaged goods in a secure warehouse
An act of God refers to extraordinary natural events that could not have been foreseen or prevented, such as a tornado directly damaging secured cargo.
Question 6: When should exceptions be noted on the delivery receipt for visible cargo damage?
- Within 24 hours after delivery
- Before the driver leaves the delivery location (Correct answer)
- Within 5 business days
- Within 30 days of delivery
Correct answer: Before the driver leaves the delivery location
Visible damage exceptions must be noted on the delivery receipt before the driver departs to preserve the shipper's claim rights.
Question 7: What is a 'freight claim' denial based on 'inherent vice' most likely to involve?
- Goods damaged by a vehicle accident
- Perishable goods that spoiled due to their natural tendency to deteriorate (Correct answer)
- Goods stolen from an unlocked trailer
- Goods damaged by improper stacking by the driver
Correct answer: Perishable goods that spoiled due to their natural tendency to deteriorate
Inherent vice refers to a product's natural tendency to deteriorate or damage itself, such as perishables spoiling under normal conditions.
Truck Dispatcher TruckDisp Cargo Claims and Carrier Liability 3
What is the statute of limitations for filing a cargo loss or damage claim against a carrier under the Carmack Amendment?