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Claim for Damages $1451 Claim Number: FL-1202 Filed on 10/25/2010. Claim was denied based on a non-existent inspection request presumably requested in a Denial Letter by Frontline dated 12/21/2010. This is also in violations of NMFC 300150 and MMFC [protected] which require a written request for inspection of damaged freight within 30 days of delivery of damaged freight. Mr. Rick Jodzio, President of Frontline has used unethical and illegal reasons for denial of payment for freight damages. We have experienced several such incidents including the subject one. Also, we discovered that Frontline does not have a claims department or personnel that handles damage freight claims.We have evidence that this company is practicing unethical and illegal denial of compensation for documented freight damage claims. On Subject Claim we have Photographic Documentation of Severe Damage which was presented the day of delivery of the Trike which was ordered by a Handicapped Elderly person that needed it for transportation, and waited 60 days for Front Line to acknowledge the claim, in violation again of NMFC rules and regulations. Did you know that it took 3 letters and numerous un answered phone calls to even get Frontline to acknowledge this claim in this case. I signed for the severely damaged Trike and have notified them of this claim on 10/25/2010. This is Not Minor Damage by no means.
The complaint has been investigated and resolved to the customer’s satisfaction.
The claim that was transmitted to Frontline Carrier USA by Dependable Highway Express was disallowed for the following reasons: Frontline Carrier USA received the claim from DHE via regular mail on 11/8/10, the claim was acknowledged on 12/2/10. The exception notated at time of delivery was “Minor D”, the extent of the damage was not notated. We made contact with DHE on 12/9/10 to request having an inspection performed. At that time, we were informed that the repairs had already been accomplished and the unit in question had been sold.
Two invoices were included in the claim presentation. Invoice 201312 dated 10/7/10 in the amount of $2900.00 for the cost of the original sale. The second invoice also bearing the same number in the amount of $1451.95 is dated 10/12/10 and lists the cost of the parts used to facilitate the repairs plus 12 hours of labor at a rate of $65.00/hour. This invoice from the shipper is dated the same day that the unit was picked up by Frontline Carrier USA from The Auto Moto in Los Angeles, CA. There is no explanation of this discrepancy. No evidence was presented that the parts were actually delivered to the consignee or how a company located in Los Angeles could charge labor for repairs performed to a unit located in Georgia.
A prerequisite to filing a claim is proving carriers liability. Frontline carrier USA is entitled to have an inspection performed by an outside inspection company in order to establish the extent of the damage and the strength of the packaging. However, the unit had already been repaired and sold and no longer available for inspection.The claimant has not proven that Frontline Carrier USA damaged the unit, the extent of the damage claimed and further more by his action of repairing the unit and selling it, made it impossible for Frontline to verify the validly and extent of the claim.
After a thorough investigation we have no other option than disallowing the claim based on the facts presented.
It must be noted that Mr. Bergman and his company has had over 40 complaints filed against them through the BBB in Georgia for deceptive practices.. All carriers have the duty and right to investigate claims submitted to them for loss or damage. The exception taken at time of delivery by Mr. Bergman himself was in very small works Minor D thats all no detailed explanations. We never received a call from Mr. Bergman or his rep at DHE asking that an inspection be performed right away and he very well knows that there is one in his area that would have come out to his facility either that day or the next to inspect the unit and take pictures.
Frontline Carriers USA have never had a complaint filed against them in all the years they have been doing business except by Mr. Bergman.