Every claim for loss of or damage to property, or for overcharge for freight, for which any common carrier of household goods may be liable shall be adjusted and paid by such common carrier within 90 days after such claim, duly verified by the claimant or his or her agent, has been filed with the agent of the initial carrier or with the agent of the carrier upon whose line the loss, damage, or overcharge actually occurred. If such claim is not adjusted and paid within the time prescribed in this Code section, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a civil penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged, provided that unless such claimant in such action recovers the full amount claimed, no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge, with interest thereon from the date of filing said claim.
(Ga. L. 1889, p. 136, § 1; Civil Code 1895, § 2316; Ga. L. 1906, p. 102, § 2; Civil Code 1910, §§ 2770, 2778; Code 1933, § 18-319; Ga. L. 1996, p. 950, § 6.)
RESEARCH REFERENCES
ALR.
- Provision in carrier's contract requiring notice of damage or loss, as applicable to loss of market due to delay, 1 A.L.R. 538.
Carriers: sufficiency of compliance with stipulation requiring notice of claim for damages to shipment, 1 A.L.R. 900; 175 A.L.R. 1162.
Measure and elements of damages for loss or delay in delivering baggage of traveling salesman, 25 A.L.R. 76.
Carriers: amount of liability under second Cummins Amendment where value not declared, 25 A.L.R. 736.
Construction of provision of Interstate Commerce Act dispensing with notice or filing of claim, 44 A.L.R. 1360.
Wholesale or retail price as measure of damages against carrier for loss of goods, 50 A.L.R. 1467; 67 A.L.R. 1427.
Carrier's right or liability in respect of excess of lawful charge over charge understated where discrimination is forbidden, 83 A.L.R. 245.
Liability of carrier to punitive damages with respect to subject of interstate shipment, 107 A.L.R. 1446.
Joinder or representation of several claimants in action against carrier or utility to recover overcharge, 1 A.L.R.2d 160.
Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.
Carrier's understatement of charges where discrimination is forbidden, 88 A.L.R.2d 1375.