Turn challenges on the road into successes: How Claims Trans wins with MTPL claims

Turn challenges on the road into successes: How Claims Trans wins with MTPL claims

by | Sep 26, 2023 | Case Studies

 

We’re delighted to share an incredible success story from our team, which highlights our capabilities in the world of Motor Third Party Liability (MTPL) claims. We recently secured a remarkable reimbursement for one of our valued customers, proving once again that Clams Trans is your go-to solution for all your transport claims. 🌟

The Facts

Our client’s vehicle was involved in a multi-vehicle road accident on an Italian motorway, resulting in significant repair costs. This unfortunate incident occurred while the vehicle was moving slowly, causing a chain reaction of collisions that left our customer’s vehicle sandwiched between two large trucks. Sadly, the accident also resulted in fatalities, underscoring the severity of the impact.

The Challenges

Our client initially attempted to claim damages from their own Motor Third Party Liability (MTPL) insurer, but their claim was unfairly denied based on policy regulations. Despite persistent efforts, the insurer maintained an inflexible stance.

Actions

Faced with this significant challenge, our team chose an alternative path by directly seeking recovery of repair costs from the MTPL insurance company of the at-fault party. As is customary with any MTPL claim, the insurer required a formal event record as evidence of the insured’s liability. We collaborated with the local police unit that arrived at the scene of the accident and completed the necessary procedures. Due to the seriousness of the case, obtaining special permission from the Attorney General of the Court of Peace was crucial. After a series of communications and legal procedures, we obtained the necessary clearance and returned to law enforcement to provide it, granting us access to key police protocols.

Results

Armed with compelling evidence that clearly demonstrated the responsible party, we presented the protocol to the MTPL insurance company. Although they took their time to assess the documents and repair costs, they ultimately recognized the merits of the customer’s claim and agreed to reimburse the costs, excluding VAT.

Although VAT is excluded, the reimbursement amount is still substantial, covering 95% of each individual repair.

Conclusions🏁

This success is a testament to our team’s expertise in handling complex transport claims, effectively communicating with different jurisdictions, and proving the validity of customer claims. At Clams Trans, we remain steadfast in our commitment to providing innovative solutions to all your transport challenges.

We sincerely appreciate your continued support as a valued member of our network. If you have any questions or if we can assist you in addressing similar challenges, please don’t hesitate to contact us.

Together, we can overcome any obstacle in the world of transport claims! 🚚✨

 

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Navigating the Unexpected: How Claims Trans Overcame a Challenging Cargo Incident

Navigating the Unexpected: How Claims Trans Overcame a Challenging Cargo Incident

by | Sep 20, 2023 | Case Studies

Road accidents happen, and no one is insured against being involved in one. Often in the transportation industry, drivers are faced with circumstances that are beyond their control, and the consequences for the goods being transported can be fatal. Some of the most common factors that predispose to a road accident include road conditions, the reactions of other road users, speed, the dimensions of the truck, and the specifics of the cargo being transported. At Clams Trans, we have successfully resolved just such a case, where the entire cargo perished during a road accident.

The Facts

Our client is a freight forwarding company that was contracted to transport goods from Bulgaria to Sweden. They, in turn, subcontracted the transport to a carrier. The cargo being transported is wine weighing 24 tonnes with a significant material value. Due to the driver’s inappropriate speed, the lorry entered oncoming traffic, crashed into another lorry, overturned, and went off the road.

The Challenges

As a result of the accident, all the wine leaked out, and the driver of the other truck had minor injuries. The event took place in Romania, and the police immediately arrived at the scene to secure the area and retrieve the crashed truck. Already at this stage, the transporter is obliged to notify the assigning party, and so until information reaches the owners of the goods. In the present case, we have a total loss of goods, but in other circumstances where the damage is partial, it is important to recall that under the applicable CMR Convention Article 14(1), if for any reason it is impossible to carry out the transport before the goods reach the place designated for delivery, the carrier must request instructions from the person entitled to dispose of the goods.

Actions

The CMR carrier’s liability insurer was informed immediately of the incident. We investigated the need to appoint an surveyor, but in view of the fact that the damage was total, the insurer considered that there was no need to engage a surveyor. The driver was taken to the police to give his statement and subsequently to obtain an official police report, which is a compulsory document for any insurer under the “Carrier’s Liability” CMR when the event is a road traffic accident or theft.

Rules

In the event of road accidents where the cargo is totally damaged, it is important to collect all evidential documents to be provided to the insurer for their opinion. Often, when the action takes place in another state, obtaining an official police report can be a major challenge and lead to greater tension with the parties involved. At times like this, it is important to put clients at ease and make regular checks with the police regarding the issuance of the report that specifies the cause/party at fault for the crash.

Results

After providing all the necessary documents to the carrier’s CMR liability insurer, another hurdle ensued which delayed the insurer’s ruling. As mentioned at the outset, the driver of the other truck was slightly injured in the crash, so a pre-trial proceeding was initiated against the at-fault driver (our client’s subcontractor). In this case, however, the insurance cover applied to the liability of the carrier for the damage to the cargo during carriage, which was, in fact, the case. Therefore, the tort lawsuit filed was not relevant to this liability. After active communication with the insurer, it confirmed payment of compensation for the full value of the totally damaged (lost) goods.

Conclusions🏁

Although road traffic accidents can lead to great uncertainty, and the resolution of resulting claims can sometimes take considerable time, there are specific mechanisms to speed up the process of obtaining and providing the necessary information. This helps to dramatically improve the situation and reduce the time taken to resolve the issue.

When all parties concerned are informed in a timely manner of the development of the case, when the carrier fulfills its obligation to notify its insurer under the carrier’s liability insurance CMR immediately after the insured event, and when the responsible law enforcement authorities quickly and correctly draw up a document of the event, then all that is necessary is to control the process and apply the legal framework.

At Clams Trans, we rely on our extensive experience in handling claims of this nature and insist that our clients receive effective and legally sound advice to resolve their cases. We value the human aspect highly and always try to preserve the commercial relationship between the participants in the supply chain. We also do not allow escalated tensions to affect our professional judgment because we believe that success comes when you are consistent, responsible, and precise in your work.  

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A Trial by Fire: Claims Trans’ success in Resolving a Charred Cargo Case

A Trial by Fire: Claims Trans’ success in Resolving a Charred Cargo Case

by | Sep 7, 2023 | Case Studies

In the world of international cargo transportation, challenges often arise when you least expect them. When unforeseen incidents occur, maintaining composure and taking swift, effective action are essential for a successful resolution. Join us on a journey through a recent case where Clams Trans faced the heat and emerged victorious in a complex charred cargo incident.

The Facts

Our client, a carrier, was entrusted with the transportation of goods from Italy to Bulgaria. During the journey, disaster struck in the form of a fire caused by a blown tire, resulting in the complete incineration of the trailer and its cargo.

The Challenges

The fire spread rapidly, leaving both the cargo and the trailer entirely consumed by flames. Fortunately, the driver emerged unscathed from this perilous situation. Local law enforcement agencies were summoned to the scene and subsequently prepared a crucial police report, which would prove invaluable during the insurance claims process.

After the fire was extinguished, the remains of the trailer, along with the tractor unit and the remnants of the cargo, had to be transported to the nearest parking facility by an assisting company to clear the road. Moreover, the cargo held substantial value, adding another layer of complexity to the case.

Navigating the Process

The carrier’s CMR liability insurer was immediately notified of the insurance event, and swift instructions were sought. The insurer confirmed that there was no need to engage an surveyor since the damage to the cargo was evidently a total loss. Subsequently, arrangements were made to transport the cargo to Bulgaria, its final destination as per the transport order. Nevertheless, the cargo remained at the disposal of the insurer until the case was fully investigated.

Swift Actions Yield Results

After providing all the necessary documentation, the carrier’s CMR insurer issued a statement and fully compensated the significant claimed value for the charred cargo.

Key Takeaways🏁

Despite the severity of a charred cargo incident, the carrier assumed responsibility in accordance with the CMR Convention. Thanks to our timely actions, the insurer fully honored the cargo owner’s claim and provided full compensation. This case underscores the importance of correctly applying the CMR Convention and taking swift, effective action when unexpected incidents occur during international cargo transportation.

The accurate interpretation and execution of these elements are of paramount importance in ensuring fair compensation and protecting the interests of all parties involved. Such unexpected incidents present a significant challenge for all participants in international transportation. However, it is crucial to note that in times of need and uncertainty, Clams Trans stands ready to offer reliable support and assistance.

Our team understands the importance of handling incidents and insurance claims correctly. With our extensive experience and a team of experts in transportation and insurance law, we are poised to provide our expertise and commitment to resolving similar situations. Rest assured that with us, your interests and rights will be fully safeguarded, and the process of settling insurance claims will be conducted efficiently and with meticulous attention to detail.

 

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