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.
History. 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.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 3 - Transportation and Storage of Freight and Livestock
Part 1 - Duties and Liabilities of Carriers Generally
§ 46-9-40. Duty of Common Carriers to Receive Goods
§ 46-9-42. Effect of Strike by Carrier’s Employees on Carrier’s Duty to Transport Goods
§ 46-9-43. Measure of Damages for Delay in Delivery of Goods by Carrier
§ 46-9-44. Estoppel of Carrier to Dispute Title to Goods Delivered to Him for Shipment
§ 46-9-45. Commencement and Termination of Carrier’s Responsibility for Goods
§ 46-9-46. Effect of Delivery to Consignee at Intermediate Point
§ 46-9-47. Fraud on Carrier as to Nature and Value of Goods
§ 46-9-50. Weighing of Railroad Cars by Certified Public Weighers; Manner of Weighing Cars
§ 46-9-52. Unjust Discrimination in Freight-Transportation Rates by Common Carriers Generally
§ 46-9-53. Discrimination by Railroad Companies in Applying Freight-Storage Charges
§ 46-9-54. Making and Retaining Freight-Storage Charges in Accordance With Rates Fixed by Commission
§ 46-9-56. False Billing, False Weighing, or False Report of Weight by Common Carriers