| (a) Filing of claims. A household goods carrier must
act on all claims filed by a shipper on shipments of household goods
according to this section.
(1) A claim must be filed in writing or by electronic
format with the household goods carrier or the household goods carrier's
agent whose name appears on the moving services contract. A claim
is considered filed on the date the claim is received by the household
goods carrier or its agent. A shipper must file a claim either in
writing or by electronic format within 90 days:
(A) of delivery of the shipment to the final destination;
or
(B) after a reasonable time for delivery has elapsed
in the case of failure to make delivery.
(2) The claim must include enough facts to identify
the shipment. The claim must also describe the type of claim and request
a specific type of remedy.
(3) Shipping documents may be used as evidence to support
a claim, but cannot be substituted for a written claim.
(4) A claim submitted by someone other than the owner
of the household goods must be accompanied by a written explanation
of the claimant's interest in the claim.
(b) Acknowledgment and disposition of filed claims.
(1) A household goods carrier shall send an acknowledgment
of the claim either in writing or by electronic format to the claimant
within 20 days (excluding Sundays and nationally recognized holidays)
after receipt of the claim by the carrier or its agent.
(A) The claim acknowledgment shall include the statement,
"Household goods carriers have 90 days from receipt of a claim to
pay, decline to pay, or make a firm settlement offer, in writing,
to a claimant. Questions or complaints concerning the household goods
carrier's claims handling should be directed to the Texas Department
of Motor Vehicles (TxDMV), Enforcement Division, via the toll-free
consumer helpline as listed on the department's website. Additionally,
a claimant has the right to request mediation from TxDMV within 30
days (excluding Sundays and nationally recognized holidays) after
any portion of the claim is denied by the carrier, the carrier makes
a firm settlement offer that is not acceptable to the claimant, or
90 days has elapsed since the carrier received the claim and the claim
has not been resolved."
(B) The household goods carrier is not required to
issue the acknowledgment letter prescribed in this subsection if the
claim has been resolved within 20 days (excluding Sundays and nationally
recognized holidays) after receipt of the claim. However, the household
goods carrier has the burden of proof regarding the resolution of
the claim.
(2) After a thorough investigation of the facts, the
household goods carrier shall pay, decline to pay, or make a firm
settlement offer in writing to the claimant within 90 days after receipt
of the claim by the household goods carrier or its household goods
agent. The settlement offer or denial shall state, "A claimant has
the right to seek mediation through the Texas Department of Motor
Vehicles (TxDMV) within 30 days (excluding Sundays and nationally
recognized holidays) after any portion of the claim is denied by the
carrier, the carrier makes a firm settlement offer that is not acceptable
to the claimant, or 90 days has elapsed since the carrier received
the claim and the claim has not been resolved."
(3) A household goods carrier must provide a copy of
the shipping documents to the shipper's insurance company upon request.
The carrier may assess a reasonable fee for this service.
(c) Documenting loss or damage to household goods.
(1) Inspection. If a loss or damage claim is filed
and the household goods carrier wishes to inspect the items, the carrier
must complete any inspection as soon as possible, but no later than
30 calendar days, after receipt of the claim.
(2) Payment of shipping charges. Payment of shipping
charges and payment of claims shall be handled separately, and one
shall not be used to offset the other unless otherwise agreed upon
by both the household goods carrier and claimant.
(d) Claim records. A household goods carrier shall
maintain a record of every claim filed. Claim records shall be retained
for two years as required by §218.32 of this title (relating
to Motor Carrier Records). At a minimum, the following information
on each claim shall be maintained in a systematic, orderly and easily
retrievable manner:
(1) claim number (if assigned), date received, and
amount of money or the requested remedy;
(2) number (if assigned) and date of the moving services
contract;
(3) name of the claimant;
(4) date the carrier issued its claim acknowledgment
letter;
(5) date and total amount paid on the claim or date
and reasons for disallowing the claim; and
(6) dates, time, and results of any mediation coordinated
by the department.
|
| Source Note: The provisions of this §218.61 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323; amended to be effective November 14, 2017, 42 TexReg 6386 |
