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.

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.

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.