Legal Question in Business Law in New Jersey
Federal Department of Transportation Tariffs
I recently shipped some luggage through a national bus line and two of three bags were lost. I filed a claim listing the contents of the bags, approximate value $5000. The carrier claims that their published tariff limits their liability to $300. At the time of shipment I was told that the maximum value I COULD claim was $300 based on it being a zone E shipment. Assured that my bags would be safe I proceeded with the shipment. I spoke with the carrier to arrive at a more equitable settlement and was informed that they ''could not'' pay any more than their published tariff. Do I have to accept their offer?
1 Answer from Attorneys
Federal Department of Transportation Tariffs
A common carrier can limit its liability for loss or damage to baggage through a published tariff. Whether the $300 is the appropriate amount is a matter for this specific tariff and the DoT rules. I will leave you to your further research on that issue.
The carrier can pay more than the tariff specifies in the way of a settlement. In your case, they have simply declined to do so. That is the usual and expected result. It is likely that they are insured for what the tariff covers and no more.
What you were told about what you could claim prior to the loss is of little relevance provided that you claimed the maximum under the tariff. If you had claimed more, the result would have been the same.
It is possible that you may have coverage under your homeowners policy. Also check with any credit card companies that you use. Some of them offer travel insurance that with excess coverage for luggage provided (usually) that you used the credit card to pay for the tickets. Be cautious about making a claim on your homeowner's policy. Some claims will affect your rates.
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