Overcoming unjustified claims: a recipe for a positive outcome

Overcoming unjustified claims: a recipe for a positive outcome

International transport is fraught with both opportunities and many challenges. Transport companies are increasingly faced with a growing number of cases and disputes that arise in the course of their work. In some cases, these disagreements reach court, where qualified expertise is crucial to achieving a positive outcome. In this article we focus on the importance of professional work in resolving disputes in the world of international transport.

 

The Facts

Our client, a carrier, was commissioned to transport goods from Bulgaria to France. At the unloading address it was found that the goods were damaged. This was also established by the entry of an appropriate remark in the CMR consignment note.

The challenges

The owner of the goods brought a claim in relation to the damaged goods directly before the court. This is generally unusual as claims for damage or shortages are brought out of court under the CMR Convention.

Our client received by post a notice from the French court before which the case was brought, of the scheduled hearing, and information about the claim. With surprise and a degree of concern, a representative of the transport company contacted us asking for assistance.

In a case such as this, great care must be taken, bearing in mind the jurisdiction of the court before which the case is pending and that the specifics of the applicable law must be taken into account.

Professional care and assistance

As experts in the field of transport law, we at Claims Trans have an extensive network of contacts of lawyers abroad with whom we work on a daily basis on various cases.

Without wasting time, we contacted our partner in France. The latter, after becoming acquainted with the case, immediately took the necessary steps to ensure that our client was properly represented in court in France.

Together with the lawyer, we discussed the main lines of defence open to us.

The claimant’s (the owner of the goods) claim was extremely high, including the cost of repairing the damaged goods, transport costs, operational loss, and legal costs.

The operating loss claimed by the plaintiff was a huge sum, which was not proven either in reason or in amount.

After a thorough discussion of the facts and the applicable law with the French lawyer, we concluded together that our client was only liable for the damage to the goods, but up to the limit of liability provided for in the CMR Convention.

As a next step, we considered that it would be best if an out-of-court settlement could be reached with the other party in order to bring the case to a swift and fair conclusion.

Our partner initiated serious negotiations with the opposing party and its legal representative, ultimately succeeding in its efforts, and the claimant agreed to be compensated up to the carrier’s limit of liability and to have the case dismissed and accordingly closed.

In the meantime, open court hearings were held and it took almost a year to reach a settlement, have it approved by the court and accordingly terminate the proceedings. Otherwise, if no agreement had been reached, perhaps the trial would have continued for another year.

Conclusions

In the end, thanks to our efforts and the professionalism of our partner, the value of the claim was reduced from nearly 90,000 EUR to 13,000 EUR. With the out-of-court settlement, the case was closed relatively quickly and entirely in the interest of our client. Justice prevailed once again and we were able to fight off the unjustified claim of the owner of the goods, which, had it been upheld by the court, could have proved disastrous for our client’s business.

 

Success in the field of transportation case management requires not only careful management, but also professional care and assistance. At Claims Trans, we provide expert claims assistance on a daily basis. Our commitment to clients and our ability to offer quick and effective solutions play a crucial role in achieving positive results that, in turn, fully satisfy our clients.

Unraveling Delay Damages: Claims Trans` Victory Over Gross Negligence in Logistics

Unraveling Delay Damages: Claims Trans` Victory Over Gross Negligence in Logistics

When a high-value shipment gets entangled in a web of deceit and delay, the situation may seem impossible to untangle. This was the predicament faced by a Bulgarian exporter of premium climbing walls when their logistics turned into a legal labyrinth. This case study explores how Claims Trans transformed what appeared to be an insurmountable challenge into a triumph of legal acumen and negotiation finesse.

 

The Challenge

Our client, an exporter, faced the daunting task of recovering substantial losses from a transport debacle involving multiple subcontractors and a mislaid trust in a major logistics company. With cargo held hostage, deadlines missed, and costs mounting, the scenario seemed bleak. The client’s hope for a favorable outcome was dim, as they braced for a substantial financial hit of 10,000 EUR due to additional travel, accommodation, and equipment rental costs.

At this point of escalation, Claims Trans stepped onto the scene.

 

The Art of Claiming Delay Damages

Under the shadow of Art. 23(5) of the CMR Convention, claiming damages for delay is notoriously challenging. This provision typically caps compensation at the carriage charge amount, a paltry sum compared to the potential losses faced by our client. However, Claims Trans refused to accept this limitation as the final word.

At Claims Trans, we knew the success of the legal statement hinged on the precision of our narrative and document preparation. This rigorous process was crucial, allowing us to immerse ourselves in the client’s world, fully comprehend the magnitude of the challenge, and effectively communicate the strategy and its chances of success.

Claims Trans’ Approach

Claims Trans, armed with a profound understanding of the CMR Convention, approached the case with a strategy anchored in leveraging Art. 29, a seldom-invoked and jurisprudentially scarce provision.

This article, a theoretical labyrinth rarely navigated with proficiency, often stands as a conundrum to insurers, logistics companies, and even seasoned lawyers. Its application is not just a matter of legal interpretation but requires a nuanced understanding that transcends theoretical knowledge into the realm of practical, actionable insight.

Our expertise allowed us to dissect the article, to extract a standard for triggering Art. 29 based on gross negligence, and to apply it with precision to the facts at hand. We translated the legal jargon into a language that resonated with the client’s commercial realities, outlining the possibilities and calculating the odds with them transparently.

This meticulous process did not merely shape our legal strategy; it shaped the narrative of the case, painting a clear and compelling picture of the logistics company’s glaring oversight and misconduct. Our narrative was fortified by a deep understanding of international legal precedents, which we leveraged to bolster our argument, making it not just persuasive but unassailable.

Navigating Negotiations

The Claims Trans team maintained an open line of constant communication, weighing each decision with precision and preparing diligently for negotiations. The lead claim analyst’s presence at meetings and the transparent appraisal of the logistics company’s stance provided the client with invaluable commercial insights. This strategic advisory role fortified our client’s trust, empowering them to make informed decisions throughout the process.

The Corporate Labyrinth

The pursuit of justice led us into the intricate hierarchy of the logistics behemoth, a multi-tiered structure designed to shield them from liability. Our team navigated this labyrinth with astute negotiation tactics, engaging with various levels of management and legal teams. This was not merely a test of legal knowledge but a battle of wits and endurance, where Claims Trans’ commitment to client advocacy shone brightest.

The Final Push

As the settlement discussions reached their zenith, Claims Trans’ legal acumen was put to the ultimate test against a seasoned lawyer from a major firm. Our specialized knowledge in transport law became the lever with which we pried the case in our favor, exposing the opposition’s lack of specialized knowledge and securing a significant settlement.

Successful Outcome

The persistence and expertise of Claims Trans culminated in a settlement that significantly exceeded the conventional limits of compensation for delay as dictated by the CMR Convention. The client, initially faced with seemingly insurmountable odds, received over 8500.00 EUR in compensation, effectively turning an “impossible” situation into a landmark victory.

 

Client’s Testimonial

High-value shipment gets delayed-Client testimonial

Conclusion

Through this case, Claims Trans has not only underscored its reputation as a preeminent transport law consultancy but has also set a new precedent in the application of Art. 29 of the CMR Convention. Our blend of legal mastery and commercial insight ensures that our clients’ interests are not just legally protected, but commercially vindicated, too. This case stands as a beacon of Claims Trans’ dedication to converting complex legal challenges into success stories.

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.

 

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

 

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! 🚚✨

 

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

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

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.