Skip to Highlights
Highlights

The General Accounting Office will deny a carrier's request for reconsideration of a decision involving transit damages to a service member's household goods when the carrier merely restates arguments in its original request for review. The General Accounting Office will not question an agency's calculation of the value of damages to items in a shipment of household goods unless the carrier presents clear and convincing evidence that the agency's calculation was unreasonable. Since you have not presented evidence demonstrating an error in fact or law in the prior decision. Our Claims Group correctly informed you that the carrier must demonstrate by clear and convincing evidence that the repair estimate is unreasonable.

View Decision

B-247576.4 February 14, 1994

1. The General Accounting Office will deny a carrier's request for reconsideration of a decision involving transit damages to a service member's household goods when the carrier merely restates arguments in its original request for review, and does not present evidence demonstrating an error of fact or law in the prior decision. 2. The General Accounting Office will not question an agency's calculation of the value of damages to items in a shipment of household goods unless the carrier presents clear and convincing evidence that the agency's calculation was unreasonable.

Robert D. Walker, Sr. Claims Adjuster American International Moving, Corp. No.5 Jefferson Place N.W. P.O. Box 2317 Fort Walton Beach, Florida 32549

Dear Mr. Walker:

We refer to your letter on behalf of American International Moving, Corp., dated August 13, 1993, requesting reconsideration of our decision in file B-247576.3, August 4, 1993. There, we affirmed our Claims Group's Settlement Certificate Z-2866798 (1) (Everett L. McKeown)

In your request, you essentially restate the arguments in your original request for review. Since you have not presented evidence demonstrating an error in fact or law in the prior decision, we find no basis to reconsider it. See American Van Services, Inc. - Reconsideration, B-249834.2, Sept. 3, 1993.

For your information, the American Van Services decision, which we forwarded to you in September 1993, also specifically addressed (and refuted) most of the arguments you present here. Moreover, with regard to the weight we accord your inspection vis-a-vis a service member's repair estimates, our Claims Group correctly informed you that the carrier must demonstrate by clear and convincing evidence that the repair estimate is unreasonable. See Interstate International, Inc., B-197911.6, May 25, 1989 and McNamara-Lunz Vans and Warehouses, Inc., 57 Comp.Gen. 415, 419 (1978). Also, in A&A Transfer & Storage, Inc., B-252974, Oct. 22, 1993, which we forwarded to you in October 1993, we informed you that the member's failure to provide all the data requested in the AF Form 180, does not necessarily relieve the carrier of liability to the government.

GAO Contacts