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.  

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

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.

 

From Devastation to Resolution: The Swift Triumph of Claims Trans in a Burned Truck “Casco” Insurance Claim

From Devastation to Resolution: The Swift Triumph of Claims Trans in a Burned Truck “Casco” Insurance Claim

In the realm of insurance claims, each story is unique, presenting its own set of challenges and opportunities. At Clams Trans, we embrace these stories, and today, we’re excited to share an extraordinary tale of resilience and rapid resolution. Join us as we unfold the remarkable journey of how we navigated a burned truck “Casco” insurance claim, transforming devastation into a swift triumph.

A Sudden Blaze Ignites a Complex Challenge

Picture this: a truck engulfed in flames within an Italian tunnel, laden with cargo and dreams. The unexpected devastation devoured not only the cargo but also the hopes of a smooth journey. In the wake of this fiery ordeal, Clams Trans stepped in, ready to rewrite the narrative.

The Race Against Time Begins

As the smoke cleared and the embers cooled, we embarked on a race against time. The clock was ticking, but we were determined to reclaim what was lost. We immediately alerted the insurance company, triggering a flurry of actions that would define the path ahead.

Documenting Every Detail

In the world of claims, meticulous documentation is paramount. We swiftly gathered the pieces of this puzzle, collaborating with local authorities to secure vital evidence. From the Italian police protocol to the Bulgarian traffic police documents, we meticulously crafted a story of events, ensuring that every detail was accounted for.

An Expedition to Resolution

Armed with a comprehensive dossier of evidence, we set out on a journey towards resolution. Our commitment was unwavering, and every step was calculated for efficiency. As we presented the evidence to the insurance company, the case transformed from a catastrophe to a tale of resilience and determination.

60 Days to Redemption

Remarkably, within just 60 days, the tables had turned. What was once a scene of destruction had become a triumph of justice. The swift resolution was a testament to the power of collaboration, diligence, and expertise that Claims Trans embodies.

The Chapter Continues

But this isn’t the end; it’s a chapter in a larger story. The quest for reimbursement from the goods’ cargo insurance continues, a promise we make to our clients – to leave no stone unturned in their pursuit of rightful compensation.

Conclusion: A Journey of Redemption 🏁

In the end, this story is about more than claims – it’s about transformation. Claims Trans doesn’t just resolve claims; we rewrite stories, turning devastation into opportunities for growth. From devastation to resolution, this burned truck insurance claim showcases not only our prowess but our unwavering commitment to our clients’ success.

 

Case Unveiled: Battling Withheld Deductions of Freight Invoices

Case Unveiled: Battling Withheld Deductions of Freight Invoices

withheld deducted freights

In a riveting legal battle, Clams Trans emerged victorious by securing justice for a client facing unjustified withheld deducted freights. This milestone case sheds light on the critical role we play in advocating for our clients’ rights in the realm of logistics and transportation.

Check out our recent post and article on the topic of unpaid freights: Reclaim Your Profits: The Ultimate Solution for Recovering Unpaid Freights in the Transport Industry

The Challenge: Pursuing Resolution

When our client’s cargo suffered damages during transit from Uzbekistan to North Macedonia, a contractor unilaterally deducted a sum for damages. Armed with unclear documentation, the contractor’s actions were unjustifiable. Despite our efforts to seek an extrajudicial solution, the claimant remained unresponsive.

Legal Landscape: CMR Convention’s Significance 📜

Navigating the intricacies of international transport claims required us to lean on the CMR Convention’s tenets. Article 17, Paragraph 4, addresses exceptional risks that could limit carrier liability, while Article 18, Paragraph 2, mandates claimants to establish non-attribution to these risks.

Strategic Pursuit of Justice: Litigation in Belarus 🛤️

Undeterred by obstacles, we initiated legal proceedings in Belarus, the jurisdiction of the claimant. While challenges arose – from obstruction tactics to fabricated documents – we remained steadfast in our pursuit of justice.

Courtroom Triumph: A Defining Moment 

During a pivotal court session, the defendant presented an annex to the transport order, asserting the right to offset during trials. However, the court uncovered the consignee’s orchestrated scheme involving a forged signature – a revelation that turned the tables in our favor.

Verdict: Restitution and Beyond 👨‍⚖️

The Belarusian court’s ruling was a testament to justice prevailing. The withheld sum was ordered to be restored, accompanied by interest from the decision’s legal enforcement until payment. Armed with the court’s binding decision, we are prepared to take necessary steps, if required, to ensure our client’s rights are upheld.

Continued Progress: Enforcing Justice ⚖️

Our commitment doesn’t end with the verdict. We’ve successfully initiated the procedure for enforcing the legal decision before a Bailiff in Belarus, reinforcing our dedication to justice.

Industry Impact: A New Precedent

This triumph sets a remarkable precedent in the transportation sector. It serves as a stark reminder that substantiating claims with irrefutable evidence is paramount, and unfounded claims are unlawful – a message the court’s decision reinforces.

Championing Rights: A Collective Endeavor

While our partner’s unwavering dedication contributed significantly to this achievement, we recognize that this victory is a result of collective teamwork and expertise. This success resonates not just for our client but for all carriers and freight forwarders confronting analogous challenges.

In Conclusion: A Resounding Victory 🏁

Our victory in the courtroom echoes our dedication to championing the rights of carriers and freight forwarders globally. This triumph emboldens us to continue advocating for justice, not only within familiar jurisdictions but also in foreign courts.