Virginia Code 46.2-2168: Claims
A. Every household goods carrier that receives a written claim for loss of or damage to property transported by it shall:
Terms Used In Virginia Code 46.2-2168
- Contract: A legal written agreement that becomes binding when signed.
- Household goods: means personal effects and property used or to be used in a dwelling, when transported or arranged to be transported (i) between residences or (ii) between a residence and a storage facility with the intent to later transport to a residence. See Virginia Code 46.2-2100
- Household goods carrier: means a carrier who undertakes, whether directly or by a lease or other arrangement, to transport "household goods" as herein defined, by motor vehicle for compensation, on any highway in this Commonwealth, between two or more points in this Commonwealth, whether over regular or irregular routes. See Virginia Code 46.2-2100
- in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Chapter 42. See Virginia Code 1-257
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
1. Acknowledge receipt of such claim in writing to the claimant within thirty calendar days after its receipt by the carrier. The carrier shall, at the time such claim is received, cause the date of receipt to be recorded on the claim;
2. Pay, decline or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim by the carrier or its agent.
B. If the claim cannot be processed and disposed of within 120 days after the receipt thereof, the carrier shall, at that time and the expiration of each succeeding thirty-day period while the claim remains pending, advise the claimant in writing of the status of the claim and the reasons for the delay in making final disposition thereof.
C. No household goods carrier shall provide by contract or otherwise a shorter period for the filing of loss and damage claims than thirty calendar days, and for the institution of suits than two years, such period for institution of suits to be computed from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice.
2001, c. 596.