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What are your rights under the Carmack Amendment?

On Behalf of | Feb 9, 2023 | Transportation Law |

Moving products in and out of California is something that happens every day, but it is also a very complex system. It involves different carriers that transport over both land and sea. However, the only thing that matters in the shipping industry is that the products get from their original destination to their final destination.

There are many things that can go wrong while shipping products over thousands of miles. Sometimes, products are damaged or lost along the way. This can be very detrimental to the companies that are expecting the shipment that they purchased.

Basics of the Carmack Amendment

It can be difficult to determine exactly who is at fault in these situations. This is why the legislature passed the Carmack Amendment. This law states that the carriers must provide a receipt or bill of lading that states who is to receive the shipment. It also states that the carriers, for the most part, are responsible for any damages that occur to the shipments while they are being shipped.

The law does allow the carrier to limit the amount they may need to pay in damages. Carriers can enter into written agreements with the shippers establishing the maximum amount of damages they would need to pay for damages to shipments.

To recover the compensation for damaged shipments, companies must file their claims within nine months. If they are going to file a civil action, they must initiate the civil action within two years.

The Carmack Amendment simplifies the process of recovering damages in California and throughout the United States. However, that does not mean that these cannot be complicated matters. It is important that companies receive the compensation they deserve when the shipments they pay for and need are lost or damaged during the shipping process. Experienced attorneys understand these complex matters and may be able to guide companies through their issues.

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