New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter VI - Transportation Regulations
Subchapter E - Motor Carriers Article
Article 2 - Service
Part 814 - Transportation of Household Goods by Common Carriers
Section 814.8 - Claims for loss, damage or overcharge

Current through Register Vol. 45, No. 52, December 27, 2023

(a) Every common carrier which receives a written claim for loss or damage to property transported by it or for overcharge shall acknowledge receipt of such claim in writing to the claimant within 30 calendar days after its receipt by the carrier or carrier's agent. The carrier shall at the time such claim is received, record the date of its receipt on the claim.

(b) Every such carrier which receives an electronic or written claim for loss or damage to household goods transported by it, or for overcharge shall pay, decline, satisfactorily adjust or make a firm compromise settlement offer in writing to the claimant within 90 days after receipt of the claim by the carrier or its agent; provided that, if the claim cannot be processed or disposed of within 90 days after receipt thereof, the carrier shall at that time and after the expiration of each succeeding 30-day period while the claim remains pending advise the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof and send a copy of such letter electronically to nymoving@dot.ny.gov or by surface mail to the Department of Transportation, 50 Wolf Road, POD 5-3, Albany, NY 12232.

(c) Every common carrier of household goods shall maintain a claim register showing for each claim of loss, damage or overcharge, the name of the claimant, the date of the claim, whether the claim was settled or disallowed and the date of settlement or disallowance.

(d) Whenever a judgment of a duly constituted court of law, based upon a complaint for loss or damage or overcharges in respect to a movement of household goods, is recovered against a carrier, such carrier shall satisfy the judgment within 30 days from the date thereof, unless execution of the judgment is stayed by court order or other statutory provisions, or unless satisfactory arrangements for the payment of the judgment have been made between the parties.

Adopted New York State Register August 3, 2016/Volume XXXVIII, Issue 31, eff. 8/3/2016

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