Cargo insurance claims
and claims against carriers
Settling a cargo insurance claim starts at delivery: a waybill signed clean or a missed notice deadline costs more than any dispute with the insurer. We run the case from the first report to payment — recording the damage, arranging the survey, assembling documents and answering the insurer's queries.
If the cargo is uninsured, what remains is a claim against the carrier: under Art. 797 of the Russian Civil Code a written claim is mandatory before suing a carrier, and the limitation period for carriage is one year. Carrier liability is limited by transport codes and conventions, so a carrier usually pays less than an insurer. ATF is neither an insurer nor a law firm: we support the process as the forwarder who handled the cargo.
Specification
Specification · Claims handling. Standard terms · payout procedure and timing are set by the policy and insurance rules
Service
- Type
- insurance claims and carrier claims
- Losses
- damage, shortage, loss, general average
- Options
- salvage sale or disposal of damaged goods
Terms
- Timing
- notices in the first days; payout per insurer's rules
- Documents
- file assembly and check included
- Currency
- USD / RUB
Logistics
- At delivery
- remarks, commercial act, photos
- After
- survey, notices, claim file
- Outcome
- payout and subrogation
Price
- Base
- per support agreement
- Extras
- survey, storage of damaged goods — on request
Service flow
- 01
Recording at delivery
Before signing the delivery documents we inspect the container and cargo and note remarks on the EIR, waybill or CMR; on the railway we require a commercial act. We take photos and preserve the goods and packing.
on delivery day - 02
Notices
To the insurer — within the policy deadline, usually a few working days. To the carrier — in writing: under the Hague-Visby Rules at delivery, or within 3 days for non-apparent damage; under CMR within 7 days for non-apparent damage, excluding Sundays and public holidays.
1–3 days - 03
Survey
We agree the surveyor with the insurer and invite the carrier to a joint survey. The report establishes the cause, extent of damage and depreciation percentage.
usually within a week - 04
Filing with the insurer
We assemble the file per the insurer's list, prepare the loss calculation and file the claim. We answer follow-up queries — an incomplete file is the most common reason for delay.
1–2 weeks - 05
Payout and subrogation
We check the payout calculation: sum insured, deductible, proportion in case of underinsurance. After payment rights against the carrier pass to the insurer (subrogation, Art. 965 of the Russian Civil Code) — we hand over the documents for recovery.
per insurer's rules
Problems
The consignee signed for delivery without remarks and the damage was found in the warehouse a week later — the carrier relies on the clean receipt and the missed notice deadline.
We inspect the cargo at delivery and note remarks immediately; non-apparent damage is notified in writing within the convention deadlines.
The consignee waived its claim against the carrier to keep good relations — the insurer reduced the payout because it lost its subrogation right.
We always notify the carrier and preserve rights against it: under Art. 965 of the Russian Civil Code waiving them releases the insurer from payment to the corresponding extent.
The payout was lower than expected: the deductible was applied and it was reduced proportionally because the sum insured was too low.
We check the insurer's calculation against the policy and documents and dispute it with reasons if it does not match the terms.
Documents
The insurer's review runs from the moment it receives the complete file, so the sooner it is assembled, the sooner the payout. The delivery term decides who files the claim and whose policy responds.
Incoterms
- FOB / FCA
- transit loss is the buyer's — the buyer or its insurer claims
- CIF / CIP
- the seller's policy, but the buyer files the claim, often with a foreign insurer
- DAP
- damage before destination is the seller's risk; it must be recorded at delivery
Documents
- Policy or certificate
- original or certified copy
- Invoice and Packing List
- value, quantity and weight per package
- Transport document
- B/L, SMGS, CMR or AWB with delivery remarks
- Reports
- railway commercial act, EIR, survey report, photos
- Notice to the carrier
- copy and the carrier's reply, if any
- Claim calculation
- amount claimed with supporting documents
FAQ
Do not sign the delivery documents clean: describe the damage on the EIR, waybill or CMR, and on the railway demand a commercial act. Photograph the cargo, container and seal, and keep the damaged goods and packing. The same day, notify the insurer and carrier and call a surveyor.
As a rule: claim notice, policy or certificate, invoice and packing list, transport document with delivery remarks, railway commercial act or EIR, survey report, copy of the notice to the carrier and its reply, and the amount calculation. The exact list is set by the insurer's rules, and it may request additional documents.
First, a written notice of damage: under the Hague-Visby Rules at delivery or within 3 days for non-apparent damage, under CMR within 7 days for non-apparent damage. Then a claim with documents and a calculation. For carriage governed by Russian law a pre-trial claim is mandatory (Art. 797 of the Civil Code), and the limitation period is one year.
Review and payment deadlines are set by the insurance rules and policy, and they run from the insurer's receipt of the complete file. Payouts are most often delayed by an incomplete file or a dispute about the cause of loss. So it is better to assemble the documents and survey report straight away rather than query by query.
It is the transfer to the insurer, once it has paid, of the right to claim against the party at fault — usually the carrier (Art. 965 of the Russian Civil Code). The assured must hand over the documents and must not waive its rights against the carrier; otherwise the insurer may reduce or refuse the payout to that extent.
Typical reasons: the loss falls under an exclusion (packing, inherent vice, delay), the peril is outside the chosen terms — e.g. theft under ICC (C), the notice deadline was missed, there is no survey report, the shipment was not declared under the open cover, or rights against the carrier were lost. With an insufficient sum insured the payout is reduced proportionally, and the deductible is applied per the policy.
It is the part of the loss the insurer does not pay. An unconditional deductible is subtracted from every payout. With a conditional franchise a small loss within it is not paid, while a loss above it is paid in full. The type and amount are stated in the policy.