Damages
In the event of a questionable damage…
Payment …
This is actually part of the law that payment must be made and damages will be handled separately.
If a damage is to be investigated, the best way to do so is to have before and after pictures. This is why taking good pictures at the time of pick up and delivery is essential in preventing a drawn out damage claim process.
The process is usually handled in this way:
The claim is submitted (for example a scratch on the hood). The customer would provide whatever evidence they have of why they think the area in question is transport related damage and was not there at the time of pick up. For example, the BOL with the notation of the scratch on the hood at delivery, pictures from pick up where the damage is not there, and pictures from delivery where the damage is there.
The carrier would examine the evidence presented and compare it to the pictures taken by the driver, at pick up and at delivery. The carrier would first look at the BOL and see if that area was marked on pick up. They can deny the claim initially for damage not being marked at delivery but later if pictures from delivery were presented that decision could be overridden by a third party such as an insurance company or arbitrator.
It is imperative that you take time to inspect the vehicle and mark down anything issues you find. Not marking anything down translates to you being satisfied with the condition of the vehicle at the time of delivery and that there were no damages noted after you inspected the vehicle.
They would then look at the pick up pictures to look at the BOL and see if the area in question was marked down at pick up. Pictures from pick up are also collected from the drivers and compared to the pictures submitted by the customer.
If all these pieces of evidence are collected by both sides, a reasonable adult can make quick judgment of whether a claim is legitimate or not. Its when one side or the other is missing something that makes for a long and drawn out process. This is why its imperative to inspect the vehicle thoroughly and take many before and after pictures at the time of pick up and delivery.
Up until the time the vehicle is delivered and signed off on, the carrier is guilty until proven innocent if any damage is found. After you inspect the vehicle and sign off on the BOL (in essence saying that you did not find any damages) the carrier is innocent until proven guilty, and the burden of proof is on you. You should always do a thorough inspection of your vehicle at the time of delivery, and take pictures. There have been many instances where the condition of the vehicle changed after it was delivered and the carrier gets blamed even though its not their fault. These pictures will help clarify any doubts that may surface later.
How long will it take?
Insurances are slow to process claims. It can take anywhere from about a week or two on up to many months if there are any issues with the estimates. If you wish for your claim to be processed as quickly as possible, use your own car insurance and have them subrogate out the claim amount to the carrier’s insurance.
Once you all have agreed that the carrier is at fault:
, you can have the carrier pay for the costs out of pocket,
have the insurance get involved and they pay out,
or use your own insurance and have them subrogate out the cost to the carrier’s insurance.
You can also use your own coverage and have the carrier pay the deductible