Another Successfully Resolved Case of Total Goods Damage Due to a Road Incident

Another Successfully Resolved Case of Total Goods Damage Due to a Road Incident

In the dynamic transport industry, incidents leading to total goods damage due to road accidents are not uncommon. These occurrences pose significant challenges for carriers and all parties involved, relying on seamless cargo delivery. However, with timely intervention, effective management, and expertise in transport law, successfully resolving such cases becomes possible.

Facts

Our client, a carrier, was tasked with transporting goods to Germany. During the transport, a road incident occurred due to a burst tire, resulting in the overturning of the composition, hitting the roadside barriers, and shifting into oncoming traffic. A severe incident, fortunately leaving the driver unharmed.

Challenges

Road incidents of this nature are highly dangerous, both for the driver and other road users. Timely arrival of the police at the accident site was crucial, leading to the drafting of a police report. This report was of significant importance in processing the claim by the insurers. Simultaneously, the composition with the scattered goods blocked the busy highway. It was imperative to promptly organize the clearing of the roadway and the removal of the composition and goods to the nearest parking lot by an assisting company. Another challenge emerged in the destruction of the damaged goods. As it was a food product, the goods had to be disposed of as quickly as possible, following certain standards, resulting in additional significant expenses.

Navigating the Process

We promptly informed the carrier’s insurer about the insurance event and requested immediate guidance. The insurer confirmed that engaging an surveyor in this case was unnecessary as the goods were entirely damaged – a total loss.

Quick Actions Lead to Results

Upon submitting all the necessary documents to the carrier’s insurer and maintaining active communication, the insurer provided a positive response, and the full value of the damaged goods was paid to the claimant. Moreover, the expenses incurred by the carrier in clearing the goods from the roadway and their destruction were fully reimbursed by the insurer.

Conclusions

The significant incident posed a challenge for both the carrier and the cargo owner. The carrier took responsibility, adhering to the standards and obligations outlined in the CMR Convention, which was crucial for the successful resolution of the case. It’s essential to note that thanks to rapid and effective communication and collaboration among all involved parties, the insurer completely satisfied the cargo owner’s claim, providing full compensation for the incurred losses. This successful outcome highlights the importance of a professional approach and the ability to act quickly and effectively when unexpected incidents occur during international cargo transport.

Our experts understand the importance of handling incidents and insurance claims. With our extensive experience and a team of transport and insurance law professionals, we are at your service to provide our expertise and commitment to resolving similar situations. Rest assured, with us, your interests and rights will be fully protected, and the process of settling insurance claims will be conducted efficiently and with special attention to details.

Navigating Success in Marine Claims: A Comprehensive Guide by Claims Trans

Navigating Success in Marine Claims: A Comprehensive Guide by Claims Trans

Today, we are delighted to share an insightful maritime claims case from our portfolio. This story not only highlights our ability to solve complex maritime challenges but also serves as a guide for anyone navigating the complex world of maritime claims.

 

Situation 🌊

Our customer ordered 1039 cases of rum from Panama to Bulgaria. However, upon delivery, a worrying discrepancy appeared. A routine inspection at the Bulgarian port revealed losses and signs of tampering with security and customs seals. An independent investigation confirmed these findings, providing a strong basis for our client to bring a maritime claim against the carrier.

 

Challenge 🧩

Maritime claims are often complex and can be financially draining. Many businesses choose to bear losses rather than embark on this difficult journey. At Clams Trans, we firmly believe that pursuing a maritime claim is always  an option, regardless of the chances of success.

 

Rulebook 📜

Successful management of maritime claims depends on compliance with the Hague-Visby rules. These rules are similar to CMR claims, with one important exception. Claims for loss or damage to goods can only be made against the carrier if the loss or damage is not due to unforeseeable events such as fire, weather, natural disasters or war. war, beyond human control.

 

Resolution 🏁

In this case, the cause of loss does not fall within these exceptional circumstances. Our customer registered a complaint about the missing goods: 19 barrels of rum. We support our position with bills of lading, reports, commercial invoices, packing lists and photographic evidence of the  condition of the goods upon arrival in Bulgaria.

 

Spin and win 🎉

The carrier initially contested our claim, relying on  industry jurisdiction. However, undeterred, we persisted and they eventually made us a settlement offer that was not adverse. Given their significant presence in the shipping sector, it would be difficult to file a complaint in court. Our client, after careful consideration, accepted the settlement offer, recognizing that the damages were less than  actual damages but were a significant success, given the carrier’s global position. transfer.

 

In short 🌟

This case highlights the importance of perseverance in the complex world of maritime claims. Our client’s decision to challenge the  carrier, bolstered by regulatory compliance and compelling arguments, produced a  favorable outcome. This shows that the pursuit of justice, even in complicated situations, is worth it.

 

This victory shows that strong resolve and  arguments can defeat formidable opponents in maritime claims, reinforcing our belief that the pursuit of justice is always a viable and rewarding option.