Section 8: Damage Claim Procedure
The carrier is liable for any damage caused as a result of the move. It is, however, TxDOT’s responsibility to prove that the damage was caused by the super heavy load. It is recommended that the route be videotaped or photographed as documentation of the condition prior to and after the movement of the super heavy load, if it is not possible to be present during the move. The official TxDOT policy can be found in the Financial Management Policy Manual, Chapter 4, Section 10, “Claims by TxDOT Concerning Damage to Highway Property.” In general, each district will develop its own internal procedure to augment the policy manual. A typical claim procedure consists of these actions:
- Anchor: #NXTSYUGR
- Maintenance personnel take pictures/videos to document the damage and notify the district director of maintenance. Anchor: #PWEFLTJG
- District maintenance office notifies the company of the damage by telephone and that a letter will follow showing the costs to repair the damage. Anchor: #UVAINTDB
- The maintenance office repairs the damage and documents the equipment used, man hours, and materials needed for the repairs. Anchor: #TCMHULYV
- Director of maintenance sends the company a certified letter notifying them of the damage and asking for reimbursement. The package includes the cover letter, Form 14941 (Statement of Repair), which is the Summary of Labor, Equipment, and Materials used, a listing of the labor charges by personnel and includes total units (hours), the rate charged and total, and a listing of the equipment charges by type, hours or miles, rate, and total.