How to Submit a Claim

How to Submit a Claim

Filing A Claim Documents Required Time Limitations Mitigation of Loss & Salvage Clark Freightways Handling of Your Claim Filing A Claim All claims are processed through our Coquitlam Head Office. Claims must be submitted in writing. Special claim forms are not required, although a copy of the Clark customer claim form may be requested by email from our claims department, any branch or downloaded from this site. Only the party who has claim or title to the freight may file a claim whether it is the shipper, the consignee or a third party. The presentation of a claim with all required documentation greatly assists in the prompt disposition of your claim. Claims may be presented directly to: Clark Freightways c/o Claims Department 35 Burbidge Street Coquitlam, BC, V3K 5Z2 Telephone: (604) 472-2130 Fax: (604) 472-2137 CONTACT

A claim for loss or damage must include the following documentation;

• A vendors invoice detailing the price of lost or damaged goods (be sure to include
  the final page, detailing discounts if applicable).
• An itemized statement, detailing how the amount of loss claimed has been calculated.
• Consignee’s copy of the freight bill bearing a clear and detailed loss or
  damage notation.
• Invoice for repair, detailing parts and labour (if applicable).
• Copy of paid freight bill.
• Copy of inspection report (if required).

A Notice of Intent to Claim must be filed in writing within sixty (60) days from the date of delivery of goods, or in the case of non-delivery within nine (9) months from the date of shipment. The final claim must then be filed within nine (9) months from the date of shipment.

An inspection report or notation on the delivery receipt does not constitute a notice
of claim.

In the event of loss or damage, it is the claimant’s duty to mitigate any loss by all reasonable means. Claims shall be expressly limited to the dollar amount of actual loss or repair. No administration, labour or charges other than actual cost of loss or repair will be accepted. Should it become necessary to claim the full value of merchandise concerned, all damaged or distressed material should be retained until claim settlement has been achieved. This allows the carrier the right to recovery of goods for salvage purposes, if deemed appropriate. The claimant may also choose to control disposition of damaged goods, by allowing a reasonable credit in lieu of salvage.

Failure to make reasonable attempts to mitigate or retain salvage may result in the declination of your claim.

When accepting a delivery that may consist of partial damages or shortages, the consignee is not justified in refusing the entire shipment, unless the damage has made the entire shipment un-saleable or worthless. In cases of partial damage or loss, the consignee is expected to accept the entire shipment and determine whether all or a portion can be repaired or retained for an allowance. Un-necessarily refusing an entire shipment may be perceived as a failure to mitigate damages.

Once Clark Freightways receives your completed claim, and completes a thorough investigation,
Clark Freightways will take one of the following actions:

• Pay the claim for the amount claimed.
• Offer to settle the claim for a lesser amount if:

• The responsibility for loss or damage is unclear.
• There is a limitation of liability, (eg. $2.00/lb).
• There is shared liability.
• The claim is mitigated by the sale or credit for salvage product.

• Decline the claim if:

• The loss or visible damage was not noted at the time of delivery, or
• The claim was submitted late or improperly documented, or
• There was an error or omission on the part of the shipper or owner of the goods.
• There were factors beyond the carriers control, (eg. an act of god, war, public
  enemy, or authority of law)

Please note that freight claims are GST exempt as per Revenue Canada.