Filing a Claim

Claims must be filed online using https://www.herculesfreight.com/Forms/ClaimsForm

Only the shipper, consignee or third party who has claim and/or title to the goods may file a claim. To file a claim please visit https://www.herculesfreight.com/Forms/ClaimsForm and complete the form provided. Please note, all required information will be marked with a red asterisk and will need to be completed in order to successfully submit the claim form. Once you have submitted your claim online, you will receive a confirmation email stating that your claim was successfully received.

If filing more than one claim, please issue a separate claim, including all required documentation, for each pro number.

 

Time Limits

Notice of damages must be given in writing to the originating carrier or the delivering carrier within 60 days after delivery or, in the case of nondelivery, within nine months of the shipment date. A final claim statement must be filed with a copy of the paid bill within nine months of the shipment date.

Shipments originating in Canada are subject to these canadian bill of lading contract terms and conditions: notice of loss or damage must state the origin, destination, date of shipment and estimated amount of the claim.

 

Documentation Requirements

In order for your claim to be considered complete, you must provide the following items:

• A statement detailing the items claimed as lost and/or damaged as well as determination details of reimbursement amount.
• A bill of lading showing that Hercules transported the goods.
• A delivery receipt with the loss and/or damages notated on it.
• An original invoice establishing manufacture’s cost for the lost and/or damaged goods.
• An invoice for repairs made to restore the merchandise to its original condition (if applicable).

Please note, all replacement freight must be arranged through Hercules. Hercules will not be responsible for unauthorized outside shipping cost through another carrier.

Our Handling of Your Claim

Once we have received your claim inclusive of the proper documentation, we will open a claim file under the Hercules pro number connected to the shipment. Please note, the freight invoice must be paid prior to the opening of your claim file. Carriers have 120 days to process a claim to conclusion, by payment or denial, however, we will attempt to settle the claim within 60 days of submission if possible.

If your claim cannot be settled within 120 days, Hercules will notify you immediately regarding what you can do to conclude your claim. If a delay occurs we thank you in advance for your understanding.

Should you feel the delay is excessive please contact us at 800.621.8723.

 

As a service to our customers and to assist in protecting your interests, we have drafted the following summary of basic freight receiving and claim processing requirements.

1. On receiving a shipment, identify and sign for all apparent exceptions in the presence of the delivery driver. Do not sign for a shipment on a "subject-to-inspection or recount" basis. When a shipment changes hands, apparent exceptions should be explicitly noted by the receiver. Failure to note exceptions at time of delivery will result in claims declination.
2. If there is a problem noted upon receipt of a shipment, immediately contact your local Hercules terminal to arrange a formal carrier inspection. Formal requests for inspection must be made no later than 15 days after date of delivery; failure to request an inspection within the prescribed time limit may result claims declination. Please do not discard of any shipping material and/or packaging related to the shipment as it will be needed for examination; failure to provide the packaging material may result in claims declination.
    
3. 1. The inspection is required to give an authorized carrier representative the opportunity to confirm exceptions, and to determine probable cause.

3. Mitigating your claim: it is the responsibility of the claimant to reasonably and honestly mitigate any and all losses related to a shipment; not doing so will result in claims declination. It is imperative for our claims process that the loss be minimized to the fullest extent possible which is exemplified in the actions below:

• Claim should be submitted for only the lost and/or damaged item, not the entire unit.
• Undamaged goods should be taken into stock.
• Steps should be taken to salvage or repair damaged merchandise.
• Any and all repairs will be compensated to a maximum of $75.00 per hour for labor charges.

4. Claims should be presented promptly to commence investigation while facts are reasonably "fresh" and to prevent time bar declinations. Under statutory conditions of carriage, written notice of pending claims must be provided within 60 days of delivery.
5. If a claim has been submitted and further information and/or documentation is needed for resolution we will submit a formal request to the claimant at which point the claimant will have 30 days to answer the request. If no response is received within the 30 days from the request, the claim will be closed. After the 30 days allotted, a claimant may request a claim to be re-opened, however the claimant will be subject to a 25% reduction off the original claim amount.

Claims are assertions of liability from one party to another and each claim is subject to investigation and adjustment on its individual merit. Shipments move under separate contracts of carriage, therefore claims should also be submitted individually for each shipment involved to facilitate carrier investigation and processing.