Claims

Having to make a claim is never pleasant, and it is important to have the right information to hand in order to speed up the claims handling process. Following the advice below should enable you to have your claim processed successfully and swiftly.

RECORD ALL PROBLEMS
Make proper exceptions on the delivery receipt when any loss or damage is apparent at the time of taking delivery. When delivery is made by container, the consignee must make sure that the container and its seals are immediately examined.

If the container is delivered damaged, or with seals broken or missing, or with seals other than as stated on the shipping document, the consignee must note the condition in detail on the delivery receipt and retain all defective or irregular seals for later identification. It is also important to take pictures of the cargo damage or loss and document with photos the condition of the cargo or the container.

In case of air shipments always ask for an airport protocol. You have to indicate your notice on the shipping documents in case of carriage by rail, see, river or by truck.

PROMPTLY REPORT LOSS OR DAMAGE
Always report immediately any damage to your insurer or broker.

Request a survey from the survey agents of the Insurer for damage in excess of US$2,000.

For partial shortages and non-deliveries lower than US$5,000, no survey is needed provided full supporting documentation can be produced.

If overseas, request a survey from the survey agents of the Insurer for damage in excess of US$2,000.

For partial shortages and non-deliveries lower than US$5,000, no survey is needed provided full supporting documentation can be produced.

If the claim amount is unknown, report the damage to the Insurer indicated on the Certificate.

MINIMIZE THE LOSS
It is your responsibility to keep losses at a minimum by taking all reasonable steps to protect the cargo from further damage. You are expected to do exactly what you would do if the shipment were uninsured. Be sure to retain all original packing materials.

FILE CLAIM IN WRITING
Immediately file a claim against the delivering carrier(s) holding them responsible as soon as loss or damage is discovered, even though the full extent of loss may not yet be known. A sample letter containing the information required to put to the carrier is below.

COLLECT ALL DOCUMENTS
It is crucial that you have full documentation to support your insurance claim when you send it to the claims adjuster. Incomplete documentation may result in your claim being rejected or delayed. Documents should consist of:

• Itemized Statement of Claim dated and signed.

• Original or copy of bill(s) of lading covering the entire shipment, including transshipment bill(s) of lading, freight note(s) and/or way-bill(s) when applicable.

• Original or copy of the invoice(s) covering the entire shipment.

• Packing List.

• Delivery receipts and any other available documents showing condition when received.

• Copy your Cargo Policy payee.

• Original Survey Report.

• Copy of the written claim against Carrier or other parties with their reply, if available.

• Photos of the damaged merchandise.

Please follow all the instructions on the second page of the Certificate.

Sample Letter Putting the Shipping Carrier on Notice of Claim:

The shipping carrier must be notified in writing as soon as a loss is discovered. Please make a mark on the freight document. Ask your transport intermediary which way you can file claim against the carrier as it varies from country to country.

This is important so that the Insurer may recover damages from the responsible party and it is a duty required of you in your insurance contract. All carriers limit the time period within which you may file your claim!

Sample letter

Today’s Date

To: Steamship Line, Air Carrier, Trucker
123 Glove Street
New York U.S.A.

RE: Name of ship or air carrier
Bill of Lading or Air Waybill number or any other Freight Bill number
Voyage or flight number, Container Number
Arrival Date
Description of Cargo (i.e.: 35 cartons of frozen shrimp)

Dear Shipping Carrier:

Please accept this letter as a formal notice of loss.

We are filing a claim against you in the amount of $________ U.S. (insert the claim amiunt) for loss and/or damage sustained to the above referenced shipment.

If the exact claim amount is unknown, than:

We are filing a claim against you for loss and/or damage sustained to the above referenced shipment. We will advise later abut the exact claim amount.
We are attempting to mitigate this loss. We will advise you as to our success.

If this is a refrigerated shipment add:

You are required to retain all temperature records for our review.

Sincerely,
Receiver, Consginee

Signature

CC: Marine Insurance Company


Claim management is important

Claim management is important