(a) Filing of claims. A household goods carrier must act on all claims filed by a shipper on shipments of household goods according to this section.
  (1) A claim must be filed in writing or by electronic format with the household goods carrier or the household goods carrier's agent whose name appears on the moving services contract. A claim is considered filed on the date the claim is received by the household goods carrier or its agent. A shipper must file a claim either in writing or by electronic format within 90 days:
    (A) of delivery of the shipment to the final destination; or
    (B) after a reasonable time for delivery has elapsed in the case of failure to make delivery.
  (2) The claim must include enough facts to identify the shipment. The claim must also describe the type of claim and request a specific type of remedy.
  (3) Shipping documents may be used as evidence to support a claim, but cannot be substituted for a written claim.
  (4) A claim submitted by someone other than the owner of the household goods must be accompanied by a written explanation of the claimant's interest in the claim.
(b) Acknowledgment and disposition of filed claims.
  (1) A household goods carrier shall send an acknowledgment of the claim either in writing or by electronic format to the claimant within 20 days (excluding Sundays and nationally recognized holidays) after receipt of the claim by the carrier or its agent.
    (A) The claim acknowledgment shall include the statement, "Household goods carriers have 90 days from receipt of a claim to pay, decline to pay, or make a firm settlement offer, in writing, to a claimant. Questions or complaints concerning the household goods carrier's claims handling should be directed to the Texas Department of Motor Vehicles (TxDMV), Enforcement Division, via the toll-free consumer helpline as listed on the department's website. Additionally, a claimant has the right to request mediation from TxDMV within 30 days (excluding Sundays and nationally recognized holidays) after any portion of the claim is denied by the carrier, the carrier makes a firm settlement offer that is not acceptable to the claimant, or 90 days has elapsed since the carrier received the claim and the claim has not been resolved."
    (B) The household goods carrier is not required to issue the acknowledgment letter prescribed in this subsection if the claim has been resolved within 20 days (excluding Sundays and nationally recognized holidays) after receipt of the claim. However, the household goods carrier has the burden of proof regarding the resolution of the claim.
  (2) After a thorough investigation of the facts, the household goods carrier shall pay, decline to pay, or make a firm settlement offer in writing to the claimant within 90 days after receipt of the claim by the household goods carrier or its household goods agent. The settlement offer or denial shall state, "A claimant has the right to seek mediation through the Texas Department of Motor Vehicles (TxDMV) within 30 days (excluding Sundays and nationally recognized holidays) after any portion of the claim is denied by the carrier, the carrier makes a firm settlement offer that is not acceptable to the claimant, or 90 days has elapsed since the carrier received the claim and the claim has not been resolved."
  (3) A household goods carrier must provide a copy of the shipping documents to the shipper's insurance company upon request. The carrier may assess a reasonable fee for this service.
(c) Documenting loss or damage to household goods.
  (1) Inspection. If a loss or damage claim is filed and the household goods carrier wishes to inspect the items, the carrier must complete any inspection as soon as possible, but no later than 30 calendar days, after receipt of the claim.
  (2) Payment of shipping charges. Payment of shipping charges and payment of claims shall be handled separately, and one shall not be used to offset the other unless otherwise agreed upon by both the household goods carrier and claimant.
(d) Claim records. A household goods carrier shall maintain a record of every claim filed. Claim records shall be retained for two years as required by §218.32 of this title (relating to Motor Carrier Records). At a minimum, the following information on each claim shall be maintained in a systematic, orderly and easily retrievable manner:
  (1) claim number (if assigned), date received, and amount of money or the requested remedy;
  (2) number (if assigned) and date of the moving services contract;
  (3) name of the claimant;
  (4) date the carrier issued its claim acknowledgment letter;
  (5) date and total amount paid on the claim or date and reasons for disallowing the claim; and
  (6) dates, time, and results of any mediation coordinated by the department.

Source Note: The provisions of this §218.61 adopted to be effective February 4, 2010, 35 TexReg 663; amended to be effective March 12, 2015, 40 TexReg 1104; amended to be effective February 1, 2017, 42 TexReg 323; amended to be effective November 14, 2017, 42 TexReg 6386