In the following we will provide a guideline to assist you in case of a transport claim. Using these guidelines ensures efficient claims handling in order to minimise your inconvenience.
a. Check external condition of the goods
b. Report claim to insurance underwriter
c. Notify MCI Brokers nv
d. Insurance requirements
e. Collect documentation
f. Submit a formal calculated claim
g. Keep track of time bar
a) Check external condition of the goods
The consignee must check the external condition of the goods upon delivery. In case of apparent loss or damage, the consignee should make reservations on the POD (Proof of
Delivery) and take pictures (preferably on truck).
Reservations must be noted not later than at the time of delivery in the case of apparent loss. Failure to do so, the consignee shall be presumed to have received the goods in the condition described in the consignment note.
b) Report claim to insurance underwriter
If your cargo is lost or damaged, you should immediately notify your cargo insurance underwriters. They will advise you on the procedure to follow.
c) Notify MCI Brokers
Meantime you should also contact MCI Brokers. In this way we can support you with an efficient claims procedure. Inform MCI Brokers immediately. Late notification affects your legal position adversely.
When you notify us of a claim, please make sure to mention your reference number and our consignment number and clearly state:
- The nature of the damage or loss
- The estimated value of the damage or loss
d) Insurance requirements
KEEP GOODS AVAILABLE
Do not destroy or dispose of damaged goods or packaging until the survey has completed OR until all parties have agreed on the claimed amount.
You are required by law to mitigate the damage as much as possible. The consignee must protect the cargo from any further loss or damage.
Keep the goods in the order you received them in. Goods must not be manipulated, transported, unpacked,… without a written permission of MCI Brokers' claims handler. This person will check with the other parties which actions can be taken. This is important to passess the exact extent of the damage at arrival.
e) Collect documentation
In order to analyse your claim in detail, our insurers need to receive the following information and documents:
- Commercial invoice (mark the value of the damaged / lost goods)
- Packing list (mark the gross weight of the damaged / lost goods)
- Signed CMR-waybill
- Pictures (exterior and interior)
- Written declaration whether shipment was insured or not
f) Submit a formal calculated claim
The formal calculated claim must be motivated so the carrier knows why he is held liable.
Furthermore the claim should be calculated so the carrier knows how much the claimed amount is. Finally, the documents mentioned in point e) above should be included in the claim.
g) Keep track of the time bar
All international conventions and national legislation relating to transport contain time bar provisions. A written claim (see point f) above) suspends the time bar until the carrier rejects the claim by notification in writing.
Once the period has elapsed for filing a claim, the matter becomes time barred. Once the time bar for a claim is reached, you can no longer validly file a claim. It is therefore advisable to consult with your lawyer or seek legal advice on the time bar applicable to your claim.
|MCI Brokers nv is an insurance broker authorized by the Belgian FSMA under license number 109018A. The liability of MCI Brokers nv is limited to the amount paid out by its professional liability insurance.