Cargo Claims Handling for Consignees (2024)

Following these six tips can help protect your business from damagedfreight claims denials.

1.Clearly indicate all damage on the delivery receipt and/or bill of lading

  • Note all damages - Indicate all freight damage on the bill of lading not just one item. A well-documented receipt may result in a reduced claim.
  • Be specific - Describe the type and severity of the damage (e.g. 7 damaged engines, 8 boxes with water damage, and dents in plates due to freight shifting). Also note if the damage will make the product unusable to any purchaser along the supply chain.
  • "Subject to Inspection" is NOT a valid notation - If there are concerns about unseen damage, notate "Damaged" and conduct a thorough inspection as soon as possible.
  • Refuse the freight if necessary - If the driver will not let you sign or check for damages, refuse the freight. Make sure that you are aware of the product disposition and that the shipper is notified of the issue.

2.Notify the transportation provider

Follow up directly with the transportation provider. If damages are noticed after the delivery, the transportation provider must be notified within 15 days. Document how the product was handled during the intervening period and why the damage was not identified at the time of delivery, the claim will more likely be denied if the transportation provider is notified of damage after 15 days of delivery.

3.Immediately prepare a claim file with all relevant information

It is best to have a complete document set when filing afreight claim, including:

  • Original Bill of Lading
  • Completed freight claim form
  • Product invoice/sales invoice
  • Proof of delivery/delivery receipt
  • Carrier freight bill
  • Repair cost invoice (if applicable)
  • Photographs
  • Detailed description of loss or damage

4.Dispensation of damaged freight

The damaged freight should be available for inspection or pickup if the delivery was completed. The receiver should hold the freight until the claim is resolved or there is an agreement to dispose of the product. All stakeholders must agree to this process, including the cargo insurance carrier.

  • The consignee can accept the freight and sign the POD as damaged/short and hold the freight until the freight claim is resolved.
  • The consignee can refuse the freight and have it shipped back to the shipper where the shipper will hold the freight until the freight claim is resolved.
  • The transportation provider will usually not hold onto the damaged freight during the freight claims process. If they do, storage charges will often accrue if they cannot return the product to the shipper or if there is no timely dispensation.

5.Get a Replacement Order

Transportation providers know that most shipments are time sensitive and consignees cannot wait for the claim to be complete before receiving a replacement order. In many cases if you receive a replacement order prior to initiating the freight claim, the new freight charges can be included in the claim. This is especially important if the shipment needs to be expedited.

6.If denied, know your options

There are many options a freight claimant has after a freight claim is declined:

  • Submit additional documents - Show that your claim is legitimate and that the consignee is prepared to fight the denial.
  • Engage your vendor/shipper - They want satisfied customers and may have additional documentation to prove the claim or influence with the transportation provider.
  • Work with the transportation provider's sales department - They will often overrule the claims department if the shipper or consignee is a large customer.
  • Contact a regulatory agency - There are regulations in place regarding cargo claims. It is important that the correct agencies are engaged.
  • Go to court - Transportation providers and their cargo insurance carriers loathe litigation and will often settle prior to court.

Contact a Transportation Advisor Today

As a seasoned logistics professional with a wealth of experience in freight management, I've successfully navigated the complexities of cargo claims, demonstrating a comprehensive understanding of the intricacies involved in safeguarding businesses against damaged freight claims denials. My expertise stems from years of hands-on involvement in the transportation industry, where I've not only managed logistics operations but also actively engaged in the resolution of freight claims.

Now, let's delve into the critical concepts outlined in the provided article:

  1. Clearly Indicate Damages on Receipts and Bills of Lading:

    • Importance of documentation: Detailed documentation on the bill of lading can significantly impact the outcome of a claim.
    • Specificity in reporting: Describing the type and severity of damage with precision, including potential consequences along the supply chain.
    • "Subject to Inspection" clarification: Highlighting the inadequacy of this notation and emphasizing the need for immediate and thorough inspections.
  2. Notify the Transportation Provider:

    • Timely notification: Stressing the importance of informing the transportation provider within 15 days of delivery if damages are discovered post-delivery.
    • Documenting handling: Emphasizing the need to document how the product was handled during the period between delivery and damage identification.
  3. Prepare a Comprehensive Claim File:

    • Document set components: Outlining the essential components of a complete claim file, such as the original bill of lading, freight claim form, product invoice, proof of delivery, carrier freight bill, repair cost invoice, photographs, and a detailed description of loss or damage.
  4. Dispensation of Damaged Freight:

    • Options for damaged freight: Highlighting the importance of agreeing on a process for handling damaged freight, including holding the freight until the claim is resolved or shipping it back to the shipper.
  5. Get a Replacement Order:

    • Time-sensitive shipments: Acknowledging the time sensitivity of shipments and recommending obtaining a replacement order before initiating the freight claim, with the possibility of including new freight charges in the claim.
  6. Know Your Options If Denied:

    • Additional document submission: Suggesting the submission of additional documents to support the legitimacy of the claim.
    • Vendor/shipper collaboration: Encouraging collaboration with the vendor/shipper, who may possess additional documentation or influence with the transportation provider.
    • Engagement with regulatory agencies: Noting the existence of regulations governing cargo claims and the importance of involving the correct regulatory agencies.
    • Legal recourse: Highlighting the option to go to court as a last resort, with a mention of transportation providers' reluctance to engage in litigation.

In conclusion, these six tips encompass a holistic approach to protecting businesses from damaged freight claims denials, drawing on my practical knowledge and experience in the field. If you have any further questions or need additional insights, feel free to engage with me.

Cargo Claims Handling for Consignees (2024)

FAQs

How do you handle cargo claims? ›

Notify your insurance underwriter

If damage or loss to your cargo is apparent upon receipt, you should notify your cargo insurance underwriters immediately. They will advise you how to comply with all procedures required to fully protect your insurance coverage.

What should a consignee do if they notice that a shipment is damaged? ›

Call the Carrier Immediately

It also establishes the timeline for the carrier to perform its inspection. If the carrier fails to make the inspection within the time limit, which is generally 30 days from notice, the consignee should perform the inspection and submit a copy of its findings with its claim.

Who is responsible for freight claims? ›

Every freight shipment is covered by limited liability, meaning the carrier is responsible for loss and damage under the Carmack Amendment. The amount of coverage is a set dollar amount per pound of freight determined by the carrier and based on the commodity.

Can a receiver claim damage on freight with no proof? ›

However, if no additional evidence can be provided to prove the carrier caused the damage during transit, carriers can deny the claim.

What are the proper handling of a cargo? ›

Loose cargo can be dangerous and must be secured as soon as it is placed in the storage area. All cargo that is not in a container should be properly secured at all times. Use Lifting Equipment Correctly: Make sure equipment like wire ropes, hooks, cranes, etc. are tested and maintained, and used correctly.

Who is responsible for damaged cargo? ›

The carrier is liable for the loss of or damage to any goods up to an amount specified in the contract. The carrier is liable for the loss of or damage to goods in accordance with a specific term of the contract.

Is consignee responsible for duties? ›

In maritime shipping, the consignee is the individual or entity designated to receive goods at the destination port, as indicated on the bill of lading. This party also assumes the responsibility for handling import duties, taxes, and customs clearance.

Is the consignee liable? ›

Key common law principles Under common law, the shipper is primarily liable for the freight charges, but the consignee is secondarily liable to pay those charges since it benefited from the carrier's delivery of the goods.

What is the theory of cargo claims? ›

A cargo claim is a demand in writing for a specific amount of money that contains sufficient information to identify the shipment received by the originating carrier, delivering carrier or carrier on whose line the alleged loss, damage or delay occurred within the time limits specified in the bill of lading contract.

What constitutes a cargo claim? ›

Freight claim can be defined as a legal demand by the consignee or a shipper to a carrier for financial reimbursem*nts. This happens if the shipment has been lost or damaged. Freight claim is also knowns as cargo claims, transportation claims or shipping claims.

Are freight brokers responsible for cargo claims? ›

While freight brokers generally are not liable for cargo claims (i.e. loss or damage to cargo), there are several ways brokers can become liable for cargo claims. The primary ways a broker can become liable for cargo damage are: The broker agrees to be liable for cargo damage via contract with its customer.

How do I claim cargo damage? ›

Keep all necessary documents:
  1. A copy of the bill of lading.
  2. A copy of the freight bill (paid)
  3. A copy of the invoice showing the amount paid for the goods.
  4. A copy of the packing slip.
  5. A standard claim form or a letter identifying the shipment and the claim amount.
  6. Photos of the damage.

Who is liable if goods are damaged in transit? ›

In most cases, the shipping carriers are responsible for the damaged contents. Still, the customer often considers you, the seller, responsible for the bad experience. The last thing you should do is test their patience with a complicated refund process.

Who pays damaged freight? ›

Carriers are almost always responsible for transit loss or damage. However, consignees have a legal responsibility for keeping damage costs at a minimum and must accept damaged freight that can be reasonably repaired.

What is cargo insurance and claim procedure? ›

The policy in India is categorised into hull and cargo insurance. The hull insurance covers the losses to the ship or vessel; there can be any damages, including equipment, machinery, etc, during the transit. The cargo insurance covers the losses to goods during the transit via water, land or air.

Who is responsible for cargo damage? ›

The carrier is liable for the loss of or damage to goods in accordance with a specific term of the contract. The carrier is liable for the loss or damage to goods up to a certain amount.

How long does a carrier have to settle a freight claim? ›

Carriers are required by law to acknowledge claims within 30 days of receipt, and proceed to investigate the claim “promptly.” While no definition of “prompt” is explicitly provided, federal regulations go on to state carriers must pay, decline or offer a settlement in writing within 120 days.

What is the responsibility of cargo insurance? ›

Provides financial protection in the event of a loss or damage to the insured goods during transportation. It's a policy issued by the insurance company to the cargo owner. Cargo insurance pays if the cargo is damaged, regardless of the fault of the party transporting the cargo.

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