Section 479.7 - Transportation of household goods; issuance of receipt or bill of lading; liability; filing of claim; disallowance.
THE MOTOR CARRIER ACT (EXCERPT)
Act 254 of 1933
479.7 Transportation of household goods; issuance of receipt or bill of lading; liability; filing of claim; disallowance.
Sec. 7.
(1) A carrier providing transportation of household goods subject to jurisdiction of this act shall issue a receipt or bill of lading for property it receives for transportation under this article. That carrier, as well as any other carrier that delivers the property and provides transportation of household goods subject to jurisdiction of this act, is liable to the person entitled to recover under the receipt or bill of lading. The liability imposed under this subsection is for the actual loss or injury to the property caused by the carrier over whose line or route the property is transported in Michigan and applies to property reconsigned or diverted by a tariff under this act. Failure to issue a receipt or bill of lading does not affect the liability of the carrier.
(2) A carrier may not provide, by rule, contract, or otherwise, a period of less than 3 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section. The period for bringing a civil action is computed from the date the carrier gives a claimant written notice that the carrier has disallowed any part of the claim specified in the notice.
(3) For purposes of this subsection, the following apply:
(a) An offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance.
(b) Communications received from a carrier's insurer shall not constitute a disallowance of any part of the claim unless the insurer, in writing, informs the claimant that the part of the claim is disallowed, provides reason for the disallowance, and informs the claimant that the insurer is acting on behalf of the carrier.
History: Add. 2007, Act 33, Imd. Eff. July 10, 2007
Compiler's Notes: Former MCL 479.7, which pertained to accident reports, was repealed by 1982 PA 399, Imd. Eff. Dec. 28, 1982.