A freight claim is strongest when the operational response begins before the delivery receipt is signed. The consignee must identify what is damaged, missing or late, record the condition accurately and preserve evidence. A vague note entered days later cannot replace a specific reservation made when the cargo is available for inspection.
The applicable procedure depends on the contract, transport mode and route. This guide focuses on international road carriage under the CMR Convention and highlights where air, sea, rail or multimodal transport requires a separate review. It is a practical checklist, not a substitute for legal advice on a disputed claim.
First actions at delivery
Before signing the proof of delivery, compare the package count, pallet count, seals and visible condition with the consignment note and packing list. Inspect torn film, crushed corners, wet cardboard, punctures, tilted pallets and signs that the load has shifted. For controlled-temperature cargo, secure the recorder data and note any alarm before the equipment is reset or returned.
- write a factual reservation on the CMR or electronic proof of delivery, identifying the affected packages and visible condition;
- take wide photographs of the full load and close photographs of the damage, labels, packaging and seals;
- ask the driver or delivery representative to take part in the inspection and retain a signed copy of the reservation;
- separate the affected goods safely but keep the packaging and cargo available for a reasonable inspection;
- notify the contracting party, carrier, forwarder and cargo insurer immediately according to the contract and policy.
“Damaged” or “received with reservations” is usually too general. A useful entry is specific, for example: “Pallet 4 of 8: lower-right cartons crushed and stretch film torn; quantity subject to inspection.” It records the observed facts without making an unsupported admission about cause or liability.
Damage, shortage, loss and delay
Visible damage can be recorded during delivery. Concealed damage becomes apparent only after the outer packaging is opened, so the opening process and internal condition should be photographed. A shortage can concern missing items inside a package, a missing carton or an entire pallet. Total loss under CMR has a separate legal test: Article 20 permits the entitled party to treat goods as lost when they have not been delivered within 30 days after the agreed delivery period, or, if no period was agreed, within 60 days after the carrier took over the goods.
Delay is not established merely because the consignee expected an earlier arrival. Article 19 links delay to exceeding the agreed time limit or, where none was agreed, to a duration beyond the time reasonably allowed to a diligent carrier, considering the circumstances. The claim must therefore preserve the booking, confirmed schedule and evidence of the financial loss caused by the delay.
CMR reservation and limitation periods
The official text of the CMR Convention distinguishes the short reservation periods from the longer period for starting legal proceedings. Under Article 30, a reservation giving a general indication of apparent loss or damage must be made no later than delivery. For loss or damage that is not apparent, the reservation must be sent in writing within seven days of delivery, excluding Sundays and public holidays. The delivery date itself is not counted.
A claim for delay requires a written reservation within 21 days from the time the goods were placed at the consignee’s disposal. Without that reservation, CMR provides that no compensation is payable for delay. These deadlines should be treated as latest limits, not as a reason to postpone notice.
Article 32 generally provides a one-year limitation period for court action and three years in cases of wilful misconduct or equivalent default under the law of the court hearing the case. The starting point differs for damage, partial loss, delay, total loss and other claims. A written claim can suspend the limitation period until the carrier rejects it in writing and returns the attached documents, but the effect should be checked for the relevant jurisdiction. For a timely review of the applicable procedure, send the shipment timeline and available documents promptly.
Evidence file for a freight claim
The claim file should allow a person who never saw the shipment to reconstruct the contract, condition, handovers, loss and amount claimed. Preserve original records and provide clear copies. If urgent repacking or disposal is required to prevent additional damage, record why it was necessary and document the condition before and after the action.
- transport order, agreed delivery deadline, CMR or other transport document and proof of delivery;
- commercial invoice, packing list and evidence of the goods’ value;
- photographs from loading and delivery, package labels, seal numbers and weight records;
- written reservations, emails, status messages and the complete event chronology;
- temperature data, survey report, repair quotation, salvage valuation or destruction certificate where relevant;
- invoices for reasonable emergency measures taken to prevent the loss from increasing.
An independent survey is particularly useful for high-value machinery, temperature-sensitive cargo, widespread water damage or a dispute about whether the packaging was adequate. The surveyor should be given access before the evidence is changed unnecessarily.
Preparing and sending the written claim
The claim should identify the claimant, contractual parties, shipment and transport document, then state the chronology and the exact nature of the loss. It should distinguish confirmed facts from matters still under investigation and include a specific amount or explain which documents are still needed to calculate it.
- shipment reference, collection and delivery details and the relevant transport document;
- description of the damage, shortage, total loss or delay and when it was discovered;
- amount claimed, calculation method and currency;
- evidence index with every attachment clearly named;
- request for written acknowledgement and a claim reference;
- payment details and a named contact for inspection or further documents.
Send the claim by a method that proves both dispatch and receipt. Keep the acknowledgement, every subsequent document request and the carrier’s final response. Do not assume that reporting the incident to a driver, warehouse or tracking portal has created a formal written claim against the correct legal party.
Calculating the amount under CMR
For total or partial loss, CMR starts with the value of the goods at the place and time at which the carrier accepted them. The Convention refers to the commodity exchange price, current market price or, if neither exists, the normal value of goods of the same kind and quality. Carriage charges, customs duties and other charges associated with the carriage may also be refundable in the proportions set by Article 23.
The compensation limit introduced by the 1978 CMR Protocol is 8.33 Special Drawing Rights per kilogram of gross weight short, where that protocol applies. For damage rather than loss, compensation is based on the reduction in value and cannot exceed the amount payable if the affected goods had been lost. For delay, proven compensation cannot exceed the carriage charges. A declared value or special interest in delivery entered in the consignment note can change the applicable ceiling when the Convention’s conditions have been met.
Do not treat the commercial invoice, claim amount, carrier-liability limit and insurance settlement as interchangeable figures. The calculation depends on the affected gross weight, actual depreciation, recoverable charges, declarations in the transport document and any defence or exception available under the applicable regime.
Carrier liability and cargo insurance
Carrier liability responds only when the carrier is legally liable under the contract and applicable convention, and it may be limited by weight or other rules. Cargo insurance protects the insured interest according to the policy’s risks, insured value, exclusions and deductible. A high invoice value does not automatically increase the CMR limit.
The cargo insurer should be notified without waiting for the carrier’s final decision. The insured party must follow instructions on survey, salvage and mitigation and preserve rights against potentially responsible parties. If the insurer pays, it may pursue recovery through subrogation; missing reservations or destroyed evidence can therefore prejudice both the transport claim and the insurance recovery.
Multimodal and successive-carrier movements
A shipment may pass through a road carrier, airport handler, airline, port terminal, ocean carrier and final-delivery subcontractor. The first task is to identify the contracting party and, where possible, the stage at which the loss occurred. The house transport document, master document, CMR notes, terminal receipts and handover records can point to the responsible segment.
CMR can continue to apply when the road vehicle itself is carried for part of the journey by sea, rail, inland waterway or air without the goods being unloaded, subject to the Convention’s rules. That is different from cargo physically unloaded and transferred under separate modal documents. If the location of the damage is unknown, written notice should be sent promptly to all potentially responsible contractual parties without asserting that each one has identical liability.
Mitigation and prevention after the incident
The claimant must act reasonably to prevent the loss from increasing. Wet cartons may need to be separated, temperature-sensitive goods moved to controlled storage and an unstable pallet safely rebuilt. Every intervention should be photographed, timed and supported by invoices. Sale, destruction or repair before inspection can remove evidence, so it should occur only after the responsible parties have had a reasonable opportunity to examine the cargo or when urgent safety or mitigation needs are documented.
For future shipments, match the packaging and securing method to the weight, route and expected handling. Record condition at loading, use unique package numbers, verify seals, state handling and temperature instructions in writing and agree how incidents will be reported. These controls do not eliminate accidents, but they make the facts and financial consequences far easier to establish.
Claim coordination through the IFA network
Cross-border claims often require evidence from the origin warehouse, carrier, destination partner and consignee in different jurisdictions. A structured request should provide the complete transport file, reservations, photographs, value evidence, timeline and insurance details so the contractual parties and next deadlines can be identified quickly.
An IFA member can assist with operational coordination and fact gathering for the shipment, while legal representation, liability and insurance coverage remain subject to the relevant contracts and law. To organise the next steps for a specific damaged, lost or delayed consignment, request a documented case review.