How can I protect myself as a freight forwarder from unfounded claims?
March 23, 2022 | 50,00 EUR | answered by Anna Sontheimer
Dear Lawyer specializing in Transport and Freight Law,
My name is Hanna Rapp and I work as a freight forwarder. Lately, I have been experiencing an increase in cases of unjustified claims from customers who allege that my freight forwarding company is responsible for damages or losses that were not caused by us. These claims not only lead to financial burdens, but also require a significant amount of time and effort to resolve and defend against.
I feel overwhelmed in this situation and I am wondering how I can effectively protect myself as a freight forwarder from such unjustified claims. Are there specific contract clauses or insurances that can help me in this regard? What legal steps can I take to safeguard myself and strengthen my position in the event of a legal dispute?
It is important to me to offer a reliable and professional service as a freight forwarder, but at the same time, I want to protect my company from unjustified costs and liability risks. I would greatly appreciate your professional advice and support to clarify my legal situation and take appropriate measures to protect myself from unjustified claims.
Thank you in advance for your assistance.
Sincerely,
Hanna Rapp
Dear Mrs. Rapp,
Thank you for your inquiry and your trust in my expertise as a lawyer specializing in transport and forwarding law. I understand that unjustified claims from customers can be a significant burden for your company. It is therefore important to take appropriate measures to effectively protect yourself from such situations.
First of all, it is advisable to clearly and unambiguously define the contractual regulations with your customers. In your freight contracts, you should establish liability disclaimers or limitations that can protect your forwarding company from unjustified claims for damages. It is important that these clauses comply with legal requirements and cannot be seen as unreasonably disadvantageous to the customer.
Furthermore, obtaining transport insurance may be beneficial to protect yourself against damages or losses during the transport process. Such insurance can provide you with financial security and limit the liability of your forwarding company in case of damage.
In the event of disputes with customers, it is important to take legal action early to strengthen your position. It may be helpful to seek legal assistance early on to best represent your interests. An experienced lawyer specializing in transport and forwarding law can help you enforce your rights and defend against unjustified claims.
In summary, I recommend reviewing your contractual regulations, obtaining transport insurance, and seeking professional legal assistance in a timely manner in case of disputes. This will help you effectively protect yourself from unjustified claims and preserve your company from financial burdens.
I am available to clarify your legal situation in detail and assist you in implementing appropriate protection measures. Please do not hesitate to contact me with any further questions.
Sincerely,
Anna Sontheimer, Lawyer specializing in transport and forwarding law
