International trade in goods usually involves long-distance transportation,
Transportation by sea, land, air and multimodal transport)
In the process of transportation damage may occur.
Even bought cargo transportation insurance, does not represent the owner or the insured can rest easy.
When dealing with transportation accident damage, professional engaged in shipping, the foreign trade industry customers often suffered unnecessary loss due to a lack of processing experience.
Facing transportation accident damage, actually should how to deal with?
Don't worry, teach you seven long sail international logistics, easy to transport cargo damage accident.
First type: inform the carrier before delivery of the goods or delivery, consignee found obvious damage, should be timely written notice to the carrier to the damaged condition;
Damage is not obvious, also want to inform.
'Maritime law' regulation, in the case of international maritime transport or multimodal transport, the next day after delivery of the goods within seven days in a row, container cargo delivery within 15 days after the continuous, consignee fails to submit the written notice of damage, the delivery have been delivered in compliance with the description in the shipping documents as the carrier, and preliminary evidence of the goods in good condition.
If you do not inform the carrier cargo damage, unless the consignee later can provide sufficient evidence that it has damaged when delivery the goods, otherwise the consignee will bear the consequences of proof cannot, cannot demand compensation from the carrier for the cargo damage.
If the goods have been insured, still must inform an underwriter in time after damage have been found.
If due to his intentional misconduct or gross negligence resulting inform an underwriter in time the nature of insurance accident, reason, loss rate is difficult to determine, the underwriter does not assume liability to pay compensation for uncertain part.
The second type, timely inspection after the notice of the carrier and the insurer, to arrange a qualified third party inspection institution for inspection of damage condition, and it is best to conduct joint inspection with the carrier, the underwriter (
Common to specify a joint inspection institutions or their designated inspection agencies inspection)
To arrange inspection as soon as possible, on the one hand, because of the need to take a test to the evidence about cargo damage facts shall be fixed in time;
On the other hand because of damage survey report is a claim to the carrier or the insurer in the future of one of the most important basis.
As soon as possible to arrange inspection of damage can maximum limit to eliminate impact fee item and reduce the incidence of unable to identify the cause of damage.
Don't worry about the inspection fees have gone, normal and reasonable inspection fees, can be the cause of the damage responsibility or claims for compensation for the insurer.
If the insured, the underwriter will specify usually assessment company for inspection of damage.
It is important to note that although in theory belongs to the independent third party assessment company, but due to its source of business mainly depends on the insurance company, so for their own commercial considerations, not out of the case during the processing of the interests tilt the possibility of one side to the underwriter, insurant should take the initiative to negotiate with the underwriter to choose rest assured the assessment of the company by himself.
The third type: claim in a timely manner after the occurrence of damage, should be timely to the cause of the damage the carrier and actual carrier (
There is one)
Claim and the underwriter.
Can't report to the underwriter, ceases to lodge a claim against the carrier.
The nature and causes of the accident, the amount of damage degree and find out before, can give us reserves the right of claim for compensation;
To be clear in time after the claim amount.
Type 4: collect material whether to underwriter claim for compensation, or claim to the carrier;
Whether through legal procedures to claim for compensation, shall be provided to prove claims of materials.
Evidence collection shall timely, in case some materials because they don't collect and lost, damaged, or can't get.
Need to collect the certificate materials usually include transportation or insurance contract relationship, the cause of the accident and those responsible for responsibility, value of goods and material losses, etc.
As much as possible to collect evidence material, in order to form effective evidence chain.
Type 5: security found after damage in time, in case of emergency (
Is single ship company such as the carrier, ship once left China port will be difficult to find any other available for execution of property)
, should timely apply to the court for property preservation, the seizure of ships involved, or other property security responsibility.
By adopting property preservation measures, on the one hand, can effective pressure to bear force the positive dispute resolution;
On the other hand can also be for subsequent claims for property security.
But need to pay attention to, after the preservation measures, must be filed a lawsuit or arbitration within the time limit prescribed by law, or property preservation measures will be lifted.
Type 6: loss of damage in time after the accident, the consignee or the impairment of the insured per capita have take reasonable measures to prevent the loss of legal obligation will be further expanded.
For the cost of reasonable derogation measures, to demand compensation for losses.
But if in not detract from the appropriate measures to further loss, will lose the right to demand compensation or the expanding of the loss.
Note that before impairment measures should first ensure that is fixed on the relevant evidence of damage caused by derogation measures are taken to avoid the loss of evidence.
Practice, the responsible party, the insurer may detract from the measures taken by the party to claim the rationality of the question.
Therefore, the relatively safe practice is about how to take impairment measures to consult with the responsible party, the insurer, and get their comments in writing.
Law provides that the insured received the insurer about the special notice of reasonable derogation measures, shall be disposed of in accordance with the requirements of the instructions.
Type 7: timely litigation or arbitration is negotiating with the carrier and/or the insured claims at the same time, remember don't ignore the problem of the statute of limitations.
The dispute of the contract of carriage of goods by sea, for example, the limitation of action for only one year, and lodge a claim against 'maritime law' the regulation is just a request does not interrupt the statute of limitations.
We suggest that in a reasonable period of time has not been able to negotiate with the carrier, the underwriter agree a compensation scheme, should be timely and effective litigation or arbitration, avoid the prior to the expiration of the statute of limitations is near scramble to take legal action.
Especially it is important to note that the insured do not claim to the carrier for insured delayed in compensation (
Such as not within limitation carrier filed a legal action to forfeit the win)
, because once the insurer, unable to properly exercise his right of recourse against the insured claims rejected insurant may suffer.
In accordance with the law, the insured shall have the duty to assist the insurer to recover the loss from the third person.