What should you do when I have a Cargo Claim following a transport accident?
At receipt of the shipment
At the delivery, the consignee who notices evidence of a transport accident must make detailed remarks on the packing list to keep the insurance company future opportunities of recovery.
Confirm those remarks to the carrier:
Sea transport: send written remarks to the carrier no later than the time of delivery. Not visible damages: within 3 days after delivery.
Land transport: at delivery. Not visible damages: within 7 days after delivery.
Air transport: immediate from the discovery of the damage and no later than 14 days after delivery.
Safeguard the recovery
Take the necessary measures to prevent further damage.
Ensure the conservation of recovery against all potentially liable third parties.
Notify the average agent
Within the time specified in the contract, request a loss survey from the average agent mentioned on the certificate of insurance in case of a Cargo Claim.
The report must specify the cause of such damage.
The surveyor may order specific protective measures if deemed useful.
Prepare your Cargo Claim for indemnity
The insured (or beneficiary of the guarantee) must send as soon as possible a Cargo Claim to the insurance or the paying agent written on the certificate. In the case the policy has been subscribed with the freight forwarder, it is his responsibility to collect the necessary documents.
The insured must submit a Cargo Claim to the insurer before the prescription occurred for the benefit of the carrier (one year for sea and land transport, two years if the transport is covered by the Hamburg Convention for air transport ).
Otherwise, the insurer has the right to reduce the amount of compensation he cannot recover from the carrier.
Establish and prepare a Cargo Claim file with:
The original of the policy or certificate of insurance.
The original of the bill of lading or waybill.
Copy of Notice of Loss to carrier or haulier.
The certificate of damages from the surveyor and its report with photos.
The certificate of non-delivery, good to missing or weight bulletin for total or partial losses (issued by the carrier).
Any other document stating the circumstances in the case.
Cargo Claim records properly done = quick settlement.
The payment of compensation is paid to the beneficiary of the insurance: the insured, the consignee or a regular third-party holder of the insurance certificate.