German transport law - freight claims

COELER LEGAL has a long tradition in transport, cargo and insurance. Our clients are forwarding companies, shipping agencies and ship owners, suppliers from the hipping and logistic industry as well as insurance companies. We are handling all types of claims and are specialised on

• CMR
• multimodal transport
• road transport
• shipping
• cargo claims
• maritime insurance
• arrest of vessels
• transport insurance
• aviation
• accidents and personal injury 

How to file a cargo or freight claim?

The first point to know is that a claim against a carrier is a legal demand for the payment of money arising from the breach of the contract of carriage (usually the bill of lading). Therefore, the rules governing the filing of claims are founded in law and must be followed strictly. Claims are also governed by government regulations, whether intrastate or interstate commerce is involved. If an international movement is involved, the claim may also be governed by international treaties. Claims rules will be found either in carriers’ tariffs or in their bills of lading, or both. Court decisions interpret these regulations, laws and tariffs, and determine the rights and obligations of the parties. If a claim shipment was governed by a contract, the terms of that agreement will govern the carrier’s liability. Often contracts will adopt common carrier tariff rules, as described herein.

What Constitutes a Claim?

No specific claim form is prescribed by law, but four elements are essential: 1) the shipment must be identified to enable the carrier to conduct an investigation; 2) the type of loss or damage must be stated; 3) the amount of the claim must be stated or estimated and 4) a demand for payment by the carrier must be made.

The shipment identification information must include the carrier’s “Pro number,” shipper’s number, vehicle number, origin date, delivery date, and commodity description.

The claimant’s name must be either 1) the entity having title to the goods in transit; 2) the entity assuming the risk of loss in transit; or 3) an assignee of either 1) or 2).

The carrier against whom the claim may be filed is either the originating carrier or the delivering carrier.

It is not recommended that claims be filed against intermediate connecting carriers, although it is permissible to do so if it is definitely known which carrier caused the loss or damage.

The claim must be delivered to the carrier within the time period specified in the carrier’s contract and/or tariff, or that time prescribed by law, (usually 9 months from delivery). Since the date of receipt by the carrier determines whether or not the claim is timely filed, claims should be filed via delivery methods which give some type of confirmation of receipt and guarantee as to length of time for delivery, such as; Facsimile transmission (FAX); Registered or Certified mail, Return Receipt Requested (RRR); Express Mail; Express Courier Services; Electronic Data Interchange (EDI).

Claims should be addressed to the carrier’s claims manager at the carrier’s home office.

Personal delivery to a carrier’s representative may be effective if the claim is actually delivered in time, but an acknowledgment should be obtained in writing, and a copy sent to the carrier’s claims manager.

Receipt by the carrier is deemed to be notice to all connecting carriers as well.

The names and addresses of the consignor (shipper) and consignee(receiver) must be stated, including all stop-off locations for completion of loading and/or unloading.

Information on who is liable for the freight charges should be included in the claim. (Collect, Prepaid, C.O.D., etc.) Information on any liability limitations must be noted on the bill of lading.

For further information please

Contact:

Martin Launer

Dr. Frank Schmitz