601 KAR 1:075. Claims.

 

      RELATES TO: KRS Chapter 281

      STATUTORY AUTHORITY: KRS 281.600

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 281.600 enables the Transportation Cabinet to establish reasonable requirements in order to maintain adequate service of transportation. This administrative regulation provides for the rules and administrative regulations for the presentation and handling of loss and damage claims.

 

      Section 1. Claims for Loss or Damage. (1) Acknowledgment of claims. Every regular or irregular route common carrier which receives a written claim for loss of or damage to property transported by it shall acknowledge receipt of such claim in writing to the claimant within thirty (30) days after its receipt by the carrier or the carrier's agent. The carrier shall, at the time such claim is received, cause the date of receipt to be recorded on the claim.

      (2) Handling by carrier. Every such carrier which receives a written claim for loss or damage to property transported by it shall pay, decline, or make a firm compromise settlement offered in writing to the claimant within 120 days after receipt of the claim by the carrier or its agent; provided, that, if for reasons beyond the control of the carrier the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall have advised the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof.

      (3) Register of loss and damage claims. Every common carrier shall maintain the necessary files showing for each cargo loss and damage claim received, the name of claimant, date, claim number, and amount of claim; date claim was paid; total amount paid; or date claim was disallowed and reasons. (DMT-9; 1 Ky.R. 788; eff. 5-14-75.)