What should be considered when handling claims for damages in transport law?
December 4, 2023 | 55,00 EUR | answered by Anna Sontheimer
Dear lawyer,
I am reaching out to you because I have recently encountered a situation that exceeds my knowledge in transport and logistics law. My name is Hanna Hausdorf and I operate a small business that regularly transports goods. Unfortunately, there was an incident recently where a delivery was damaged during transportation. Now, I am faced with the question of how to claim damages and what needs to be considered.
The current situation is that the goods arrived significantly damaged, resulting in a financial loss for me. I have filed a damage report with the carrier, but communication is difficult and I do not feel adequately supported. My concerns mainly lie in not knowing how to proceed and whether my claims are justified.
Therefore, my question to you is: What do I need to consider when handling damage claims in transport law? Are there specific deadlines that I need to adhere to? How can I ensure that my claims are made appropriately and in a timely manner? What options do I have to compensate for the incurred damage?
Thank you in advance for your support and advice.
Best regards,
Hanna Hausdorf
Dear Mrs. Hausdorf,
Thank you for your inquiry regarding the handling of damages claims in transport and forwarding law. I am sorry to hear that you were confronted with a damaged delivery and feel insufficiently supported in this difficult situation. I am happy to provide you with some information and tips on how to proceed in this case.
First of all, it is important to know that in transport and forwarding law, the carrier is generally liable for the transport of the goods. This means that he is responsible for ensuring the safe and intact delivery of the goods to their destination. If damage occurs, as the client, you have the right to compensation.
To assert your claims, it is important that you submit the damage report to the carrier in writing. In this report, you should describe the damage precisely and, if necessary, also attach evidence such as photos or witness statements. It is advisable to submit the report as soon as possible after the damage is discovered, as there are often deadlines that must be met.
Usually, you must report the damage to the carrier within a certain deadline after receiving the damaged goods. This deadline is often only a few days, so it is important to act quickly. If you miss the deadline, your claims may no longer be valid.
Furthermore, you should ensure that you can accurately quantify and prove the damage. This is important to ensure that you receive compensation for the actual damage incurred. It may be helpful to seek assistance from an expert or appraiser to assess the damage correctly.
If the carrier rejects the damages claim or does not respond appropriately, as the client, you have various options to compensate for your loss. For example, you can initiate legal action and involve a lawyer to represent your interests in court.
In summary, it is important that you take your damages claims in transport and forwarding law seriously and actively pursue them. Make sure to follow all necessary steps in a timely and correct manner to ensure that your claims are justified and properly asserted.
I hope this information is helpful to you and wish you success in handling your damages claims. If you have any further questions or need assistance, I am happy to help.
Best regards,
Anna Sontheimer, Attorney specializing in Transport and Forwarding Law
