2005 Minnesota Statutes - 221.251 — Overcharge refund.

     221.251 Overcharge refund. 


    Subdivision 1.    Refund within 90 days.  Charges for 
 freight, baggage, or express collected by a motor carrier over 
 what the carrier is entitled to receive under the lawful tariff 
 or classification must be refunded by the carrier within 90 days 
 after a claim is filed, provided that a claim is filed as 
 provided in this section.  


    Subd. 2.    Claim adjustment, payment.  (a) Every claim 
 against a motor carrier doing business in this state for an 
 overcharge due to difference in weight or inapplicable rate, or 
 for loss, damage, or injury to property while in its possession, 
 must be adjusted and paid within 90 days after the filing of the 
 claim with the agent of the carrier delivering the freight, 
 baggage, or express, unless the delivering carrier protests the 
 validity of the claim in writing to the claimant within a 90-day 
 period.  


    (b) Settlement of claims with the claimant is the 
 responsibility of the carrier delivering the freight, baggage, 
 or express to its ultimate destination.  No claim may be filed 
 until after the arrival of a shipment, or of some part of it, at 
 the point of destination, or until after the lapse of a 
 reasonable time for its arrival.  For this purpose, a claim, 
 when filed, must consist of:  


    (1) an original bill of lading or shipping receipt; 


    (2) a paid freight bill; 


    (3) a bill of claimant; and 


    (4) an original invoice or certified copy when necessary. 


    (c) True copies of any of these documents may be used and, 
 in case of absence, an explanation must be attached.  The 
 carrier shall acknowledge the filing of a claim, or letters, 
 papers, or documents purporting to be a claim, within ten days 
 after receipt and, if the claim as filed does not comply with 
 the above requirements, the carrier shall inform the claimant 
 and advise the claimant of what may be required to complete the 
 claim.  


    Subd. 3.    Court action.  If the claim is not paid or 
 adjusted within 90 days of filing, suit may be commenced in a 
 court having jurisdiction.  Persons similarly situated may 
 intervene or be joined and, if claimant prevails, a penalty of 
 ten percent plus legal interest, reasonable attorneys' fees, 
 costs, and disbursements are allowed.  


    HIST: Ex1957 c 17 s 25; 1965 c 523 s 7; 1983 c 371 s 37; 1986 
 c 444