What measures need to be taken in the event of transport damage under freight forwarding law?
May 21, 2024 | 40,00 EUR | answered by Konrad Falk
Dear Lawyer,
I am reaching out to you because I recently suffered a transport damage and I am not sure what steps I should take now. My name is Dennis Kohlstein and I am a customer of a shipping company that was responsible for the transportation of my goods.
The situation is as follows: My goods were damaged during transport and I have now suffered a significant financial loss. I have already contacted the shipping company to report the damage, but I am unsure of what steps to take next. My main concern is to have the damage replaced as quickly and as smoothly as possible, as my business operations have been severely affected by the transport damage.
I am worried that the shipping company may not adequately compensate for the damage or that I may miss important deadlines or formalities that could jeopardize my claims. I want to ensure that I take all necessary measures to regulate my damage as best as possible.
Therefore, my question to you is: What specific measures should I take in the event of transport damage in shipping law? What steps are necessary to appropriately regulate my damage and what deadlines and formalities do I need to consider? Are there possible solutions to replace the damage quickly and efficiently?
I thank you in advance for your support and advice in this matter.
Sincerely,
Dennis Kohlstein
Dear Mr. Kohlstein,
Thank you for your inquiry regarding a transport damage that you recently suffered. It is understandable that you are concerned and would like to have the damage settled quickly and easily in order to avoid further disruption to your business operations. In such cases, it is important to take the right steps to enforce your claims appropriately.
First of all, it is positive that you have already contacted the shipping company to report the damage. This is an important first step to take advantage of the transport company's insurance coverage. It is advisable to report the damage in writing and to provide all relevant information such as the amount of damage, type of damage, transport documents, etc. This is to document the damage comprehensibly and secure your claims.
It is important that you collect and keep all evidence and documents related to the damage to support your claims. This includes, for example, photos of the damaged goods, transport documents, delivery notes, invoices, etc. The more evidence you have, the better you can assert your claim for compensation.
Furthermore, you should consider the liability deadlines set out in transport law. Generally, the limitation period for compensation claims from transportation contracts is one year. It is therefore important to assert claims within this period in order not to lose your rights.
It may also be useful to seek legal support from a specialized lawyer in transport and logistics law. An experienced lawyer can help you enforce your claims, resolve any disputes with the shipping company, and provide you with legal assistance.
Overall, it is important to remain calm and rational and plan all steps carefully in order to settle your damage as efficiently as possible. I hope that this information helps you take the right actions and efficiently replace your damage.
If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Konrad Falk, Lawyer specializing in transport and logistics law
