How can I assert claims for compensation in case of transport damage?
April 23, 2023 | 40,00 EUR | answered by Leonie Maier
Dear lawyer,
I am reaching out to you because I recently shipped goods with a transport company and they arrived damaged. My name is Yvonne Voigt and I am concerned about the compensation for the damages. The goods were intended for a customer and now I am faced with the question of how to claim compensation for the damages.
The situation is as follows: I properly packed and insured the goods before handing them over to the transport company. However, upon arrival at the customer's location, damages to the goods were apparent, which obviously occurred during transport. The current state of affairs is that I am now confronted with a damage for which I am not responsible, as the goods were in perfect condition when delivered.
My concerns lie in not knowing how to proceed in order to claim compensation from the transport company. I am unsure of the steps I need to take and whether I have any chance of success. Therefore, I seek your assistance and advice on the best course of action to recover the incurred damages.
Can you explain to me what legal steps I need to take to claim compensation for damages in case of transport damage? Are there any specific regulations or deadlines I need to adhere to? And what options do I have if the transport company refuses to compensate for the damage?
I thank you in advance for your support and look forward to your response.
Sincerely,
Yvonne Voigt
Dear Mrs. Voigt,
Thank you for your inquiry regarding the settlement of damages in case of transport damage. I am sorry to hear that you are facing this problem, but I will do my best to assist you.
Firstly, it is important to understand that as the sender of the goods, you generally have the right to claim compensation for damages if the goods were damaged during transport. This is based on the legal provisions of transport and forwarding law.
To assert your claims for compensation, you should follow these steps:
1. Documentation of the damage: Take photos of the damages as soon as possible after receiving the damaged goods. These serve as evidence of the condition of the goods upon arrival.
2. Written notification to the transport company: Inform the transport company in writing about the damage and request compensation. Provide all relevant information such as order number, type of goods, extent of damage, etc.
3. Observe deadlines: Make sure to adhere to any deadlines for reporting damages. In general, transport damages must be reported within a certain period in order to make claims.
If the transport company refuses to settle the damage, you have various options:
1. Involvement of a lawyer: If the transport company rejects your claims, you can involve a lawyer to represent your legal interests.
2. Conciliation procedure: In some cases, it may be advisable to initiate a conciliation procedure to achieve an out-of-court settlement.
3. Lawsuit in court: As a last resort, you can file a lawsuit against the transport company in court to enforce your claim for compensation.
It is important to carefully document all steps and keep all relevant documents to substantiate your claims. I hope this information is helpful to you and I am available to assist you further if you have any more questions.
Best regards,
Leonie Maier
Attorney at Law specializing in Transport and Forwarding Law
