Sample claim to a transport company. Grounds for writing a complaint. Deadlines for filing and reviewing a claim to the cargo carrier. You must file a claim for cargo damage correctly. You need to start with the act of receiving the goods. As in the case of courier delivery, the driver will ask you to sign his form to confirm receipt of the parcel.

• reasons for the violation;
• type of transportation, transport;
• conditions specified in the contract.

The claim procedure is required before submitting a statement of claim to the transport company. Therefore, you need to plan to file a complaint in such a way that the period during which it will be considered ends before the limitation period. For transportation, it is one year.

The law stipulates the following deadlines for filing a complaint:

1. In case of loss of cargo - 30 days after the end of the delivery period or 10 days if delivered by air. With a mixed method - 4 months after receiving the goods.
2. In case of damage - from the moment of receipt of the goods.
3. In case of violation of the agreed delivery times - the day when the delivery time ended.

A complaint for property damage must be filed within 6 months. To collect fines, debts, penalties, arrears, and debt obligations of the supplier, you must submit a claim within 45 days.

The period for consideration of a complaint by the transport company is 30 days from the date of receipt.

If the applicant does not receive a written response within the required time frame, a claim can be filed in court.

For international air cargo transportation, the rules are slightly different. A claim for non-compliance with the terms of the delivery contract is limited to one week for luggage and two weeks for cargo. If delivery deadlines are not met, the period is 21 days. For lost luggage – 18 months.

In what cases can you file a claim with the shipping company?

When ordering a cargo transportation service, few people think that something might happen on the road. But it happens that the parcel is delivered damaged or not delivered at all. As a rule, cargo carriers meet customers halfway, and the issue is resolved peacefully. But a claim must be made.

According to Art. 797 of the Civil Code of the Russian Federation, before filing a statement of claim in court, the client must contact the transport company with a claim. A claim against a transport company is the main tool for protecting the client’s rights. After all, drivers often do not admit guilt, and the transported items are rarely insured. The claim must be drawn up correctly and be based on a bilateral act of acceptance of the goods.

When receiving a parcel from a courier or from a warehouse, first of all, you should carefully inspect the condition of the packaging, then open and check the contents. If damage is found, a report is drawn up that describes in detail all the defects and circumstances.

What is the basis for drawing up an act and filing a claim?

The following reasons are established by law:

The filing of a claim must be justified by objective and reliable facts.

How to write a complaint to a transport company correctly?

You have received the cargo, before you sign the documents on acceptance of the cargo, you need to inspect it, namely the integrity of the packaging, the cargo, and check the documents for the cargo. If you see that your cargo is damaged, then you should indicate this in a document, namely in a report (filled out in duplicate) in the presence of a warehouse employee. Take photographs and document the damage (possibly by video recording). After you have done everything that I indicated to you, then you file a claim against the cargo carrier.

For drawing up an act and a claim, the legislator provided us with the following reasons:

1. Damage to packaging or cargo;
2. Discrepancy found in the number of places;
3. Violation of pre-agreed delivery dates;
4. Damage to contents during transportation.

The drafting must be justified and supported by documents, and also have a legal basis. It can be compiled either in simple written form or in printed form. In the claim itself, indicate in the header the name of the shipper, address, and TIN and OGRN information. Please enter your details below.

After this, indicate in the claim when, on what date it was received, what document was drawn up (delivery agreement No. 000 from 0000), the parties.

Indicate that upon receipt of the goods, violations were identified (indicate them). Next, the regulatory justification of the claim, and the pleading part.

In the petition part, you can demand a refund of the amount, a reduction in the amount of the goods supplied, or a replacement. Also in the petition part you indicate the period for consideration of the claim is 30 days, this applies to the period for consideration of the consumer’s claim only there it is two times less.

You wait for a response to your claim, and if you don’t receive one or receive a refusal, then feel free to file a claim in court.

USEFUL: watch more tips on filing a claim in our video

Where else can you complain?

In addition to the management of the transport company, the court, you can complain to other regulatory authorities.

You need to select a unit based on the type of transport used to transport cargo:

• State Inspectorate for Safe Road Traffic;
• transport prosecutor's office;
• Russian consumer supervision;
• other authorized departments.

Such bodies accept claims and consider them within thirty days from the date of filing. If the complaint is of a financial nature, representatives of the department initiate a civil dispute. However, further investigation should be carried out independently, without the help of these specialists.

In case of resolution of financial disputes, recovery of the amount of the penalty, the customer whose rights have been violated should go to court. If the amount of the claim is below 50 thousand rubles, then the application is submitted to the magistrate, if the value of the claim is more than 50,000 rubles, then the application is submitted to the district court.

In fact, the applicant does not want to punish the management of the transport company, but is trying to recover from them the amount of damages or compensation for the inconvenience.

Where else can you complain?

It often happens that an unscrupulous carrier unreasonably refuses compensation, ignores the request, or even commits fraud. In this case, it is worth involving authorized government services. A complaint about loss or damage to cargo is a very peculiar thing, and only two places can help you with it: Rospotrebnadzor and the court. Let's tell you more about them.

Sample and contents of the claim

How to write a claim to a transport company, what is the sample? The letter of complaint is written in free form, but it must contain:

• contact details of the recipient, carrier;
• date and department that accepted and issued the parcel;
• product amount;
• time required for delivery;
• payment for transport services;
• description of damage, loss or late shipment;
• reasons for disruptions in the company’s work, etc.

You can ask an employee of a transport company for examples and templates for writing claims or download them from the official website of the legislation of the Russian Federation. The forms should be filled out according to the samples.

Claim of the transport company for loss of cargo, its sample

General Director of Transit LLC

Petrov A.V.

From Micro LLC

Address: Moscow, st. Sedova, 11.

On April 17, 2019, a contract was concluded between Micro LLC and Transit LLC for transporting cargo by car.

Based on clause 1.5 of the contract, application No. 5 of the shipper dated April 25, 2019, the carrier accepted cargo for transportation - tables in the amount of 40 pieces. The cost of the cargo is 200 thousand. rubles

This cargo was not received, which is confirmed by notice No. 10 dated April 30, 2019 and loss of cargo report No. 3.

According to the contract and Article 796 of the Civil Code of the Russian Federation, return money in the amount of the cost of the lost cargo - 200 thousand rubles. Refund of the cost of transportation fees - 50 thousand rubles.

If the complaint is not satisfied, we will file a lawsuit.

Signature Date

Claim for cargo transportation, sample drawing up

to CEO

LLC "Auto"

Ivanov O.A.

Address: Moscow, st. Gogolya, 10

According to transport company agreement No. 8 dated April 16, 2019, Auto LLC accepted an obligation related to the transportation of goods, according to receipt No. 4, the name of the cargo is watermelons.

Weight 1 ton, cost 300 thousand rubles. Departure point – Astrakhan. Sender – Auto LLC, date. Arrival point – Moscow. Recipient – ​​NII LLC, date.

I ask for compensation for damage to the goods, weight discrepancy - in the amount of 300 thousand rubles.

Director Signature Date

Complaint to Rospotrebnadzor

Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population.

• Since the transport company undertakes to transfer your cargo for money, it provides you with a service and, as a result, is obliged to obey this organization and the service standards established by it. So if you have become a victim of poor-quality transportation, you should contact Rospotrebnadzor. This can be done with the help of a written appeal, which has a strict form and, unlike a complaint to the transport company itself, is written in a strict manner. Heading
  1. . Contains:
  2. Address and full name of the Rospotrebnadzor branch;
  3. Full name and address of the applicant;
• Contacts; Heading
  1. Information part
  2. The name of the transport company you contacted for transportation;
  3. Description of the service provided to you, number, date of implementation and other relevant information;
  4. Description of your complaint, the nature of the damage received by the shipment, the estimated cost of loss or damage;
  5. A list of actions you took to reach a peace agreement and the reaction of the transport company;
• Your requirements to Rospotrebnadzor and their justification; Heading
  1. List of attached evidence: a copy of the contract, a claim to the transport company, a response letter, photographs of damage, assessment certificates, etc.;
  2. Signature;
  3. Date of application.

Compensation for damage by the transport company

It must be said right away that you can demand not only the amount at which the cargo was estimated, but also the damage caused by other actions of the transport company.

For example, if the transfer of funds for damage to the cargo was not made within the established time frame. In addition, if the recipient of the cargo does not wait for delivery, then transport workers are obliged to compensate for damages associated with payment for transportation.

Here it is necessary to consider one more circumstance. When claiming compensation for damage, supporting documents are needed. Both the existence of the damage itself and the amount claimed for compensation must be justified.

To obtain confirmation, you may need the help of specialists from other areas of activity, such as experts. To organize the process of proof with the greatest efficiency, you need to use the opinion of qualified lawyers. Call us.

When can you complain about a carrier or logistics company?

Protection of consumer rights in the field of transport services and arbitration disputes between entrepreneurs-customers and logistics companies provides for the possibility of filing a claim and demanding compensation for damage in the following cases

• claim from the transport company for damaged cargo
• claim from the transport company about delivery delay
• claim from the transport company for loss of cargo

In addition, there are cases when transport companies charge for non-existent packaging, for returning documents, and so on, without actually providing these services. When making a claim, you must understand in advance that it will be considered from the point of view of compliance with the contract with the carrier and the law. Often, customers are outraged by the discrepancy between the transportation times that were indicated in the preliminary calculation, announced by the operator, and so on, but in this case the matter will obviously be lost.

Our lawyer has also repeatedly encountered other controversial situations in the field of transportation. The lawyer will resolve another dispute with the logistics company: professionally, on favorable terms of the agreement for the provision of legal services, in compliance with all agreed terms of work. If you decide to act on your own, then read carefully all our recommendations in this material.

Grounds for filing a claim against the transport company

Transport company is a company engaged in organizing the transportation of goods from the shipper (client) to the consignee.

The activities of transport companies are regulated by the Civil Code of the Russian Federation, Chapter 41 (Articles 801 - 806), and the Federal Law "On Transport and Forwarding Activities" dated No. 87-FZ (hereinafter referred to as the Law on Transport and Forwarding Activities).

In accordance with paragraph 1 of Art. 801 of the Civil Code of the Russian Federation, a transport expedition agreement is concluded between a transport company (forwarder) and a client, the shipper or consignee, according to which the forwarder undertakes to organize the transportation of goods.

The forwarder is liable to the client in the form of compensation for actual damage for non-fulfillment or improper fulfillment of obligations under the transport expedition agreement, unless he proves that this occurred as a result of circumstances that the freight forwarder could not prevent or the elimination of which did not depend on him (Clause 1, Article 7 Law on transport and forwarding activities).

TO improper fulfillment of obligations under the contract transport expedition include:

• loss of cargo;
• shortage of cargo;
• damage (spoilage) of cargo;
• violation of the cargo delivery deadline.

According to Art. 12 of the Law on Freight Forwarding Activities, in case of non-fulfillment or improper fulfillment of obligations by the freight forwarder under the freight forwarding agreement, the forwarder must It is mandatory to submit a claim before going to court(except for the provision of forwarding services for needs not related to the client’s business activities).

Deadlines for filing and consideration of a claim

The absence of a claim letter from the transport company makes it impossible to file a claim in court, so a sequence of actions is required. When filing a complaint, the carrier should take into account the specifics of filing claims arising from the transportation of goods. It is important to follow the claim procedure in order to avoid the expiration of the statute of limitations; in the case of transportation, it should not exceed one year. The time for filing a complaint depends on several factors, such as the type of transfer, transport, contract conditions. Thus, the law regulates the deadlines for filing a claim:

• If the cargo is damaged, you can report it immediately after receiving it, having recorded on the spot the fact of property damage;
• in case of loss of cargo - after 30 days from the last date of expected delivery, after 10 days if we are talking about delivery by air, and in multimodal transport - after four months;
• in case of violation of delivery deadlines - from the date of delay.

A claim for damage to property must be made no later than six months, and to recover monetary compensation, it must be filed within 45 days. The carrier can consider a claim within no more than 30 days in accordance with accepted legal norms. In addition, clear deadlines can be specified in the contract. During this period, but no later than its end, the client is given a written response. The carrier may also offer alternative ways to resolve the issue. If, however, no response has been received, you can immediately go to court, attaching to the claim, including a copy of the claim and a document confirming that the paper was sent to the carrier.

International air travel requires different rules. Thus, the claim is limited to a week for luggage, two weeks for cargo. In case of delay in delivery, the period will be 21 days, and in case of loss of luggage - 18 months. There are several ways to submit a complaint to the carrier, for example:

1. Personally bring the complaint to the company’s office, where an authorized employee, when accepting the paper, is required to mark it, as well as certify the document with a signature, seal and indicate the date.
2. By mail. In this case, it is better to do this by registered mail with acknowledgment of receipt, which should be retained as proof of delivery of the claim to the carrier. You can eliminate the possibility of the carrier asserting in court that there was no claim in the envelope by sending a letter with an inventory.
3. In some cases, it is possible to submit an application online.

In practice, many carriers do not want to compensate for the damage caused, deliberately delaying the deadlines, shifting responsibility to the sender, and some even cheat. You can also fight illegal actions with the help of a lawyer who is authorized to represent you and file a complaint himself, as well as immediately record violations, for example, if the carrier refuses to accept the claim.

How to file a claim online?

In addition to writing a complaint to the transport company about loss or damage to cargo, you can submit a complaint in two other ways - by phone or via the Internet.

The first method is already quite outdated, and the operator’s help always consists only in the fact that he will tell you basic information and direct you to the same site. Therefore, let’s immediately move on to online claims.

As a rule, each major transport company has its own website, which has a section for filing complaints. There you can leave your appeal in a special form, attaching photographs and scans of documents as evidence. Such an operation also has its positive and negative features: such applications are processed the fastest and no special preparation or effort is required to prepare them. But such complaints most often remain unanswered, and after their consideration you will not have documentary evidence of filing a claim for loss or damage to cargo.

In what cases can you file a claim with the carrier company?

A claim for failure to comply with the terms of the delivery contract to the carrier company is the main type of protection of the buyer’s rights, since drivers very often do not admit guilt, and, moreover, things for transportation are rarely insured.

It is necessary to competently draw up a claim, which is based on the act of receiving the product bilaterally.

1. The law establishes the following reasons for which you can write a statement:
2. The cargo and packaging were damaged.
3. Delivery times previously agreed were violated.
4. Contents damaged during transportation.

Loss of goods.

For example, the PEK company is one of the best transportation companies in the country. But unfortunately, you can find negative reviews about late delivery of cargo and other violations of this company. When faced with such situations, you can write a claim.

If the transport company through which the client ordered cargo delivery is large, as a rule, it has its own website. Online stores also regulate the delivery of goods. There is a section for receiving complaints from clients.

Consultation with a lawyer online is free, 24 hours a day.

Read how to file a claim for compensation for moral damages here.

Is it possible to file a claim without a claim? Read the link:

A special form is provided that can later be printed. Additional documents in electronic form, photographs, and videos are attached to it. As a rule, an online complaint is processed quickly, before the deadline for considering citizens’ appeals.

Important! However, more often than not, transport company employees do not want to respond to such a complaint to the client. But if you print out a sample and ask a specialist to get it certified, you can safely go to court or Russian consumer supervision.

How to write a complaint correctly

The transport company is responsible for the integrity and safety of the delivered cargo. If violations are detected, the customer has the right to write a complaint and receive compensation for the inconvenience. In addition, the transport company is obliged to compensate for losses. If the manager refuses to fulfill his duties, the customer may file a lawsuit.

Important! When concluding a supply contract, the transport company becomes responsible to the client. In case of untimely delivery of cargo or its damage during transportation, the carrier is obliged to compensate losses and pay compensation for the inconvenience.

Upon receipt of the cargo, the customer checks the integrity of the packaging, the authenticity and correctness of the documents, as well as the compliance of the inventory items with the actual availability.

Inspection work is carried out in the presence of an employee of the transport company, after which a transfer and acceptance certificate is drawn up. It reflects information about the condition of the cargo. If discrepancies or damage are found, the client has the right not to accept the goods or write a claim to the head of the vehicle.

The complaint must contain the following information:

• place and date of delivery of the cargo;
• information about the recipient, his passport details, registration address;
• the price of the delivered cargo, as reflected in the official documentation;
• information about the condition of the cargo, the presence or absence of damage;
• for what reason the cargo was damaged, if known.

The claim is signed by both parties and the date of its preparation is indicated. It reflects the information that if the head of the transport company does not want to peacefully resolve the conflict, the customer will be forced to go to court.

The document must be drawn up in two copies. One remains with the customer, the second is sent to the head of the carrier. The client’s document is affixed with the signature of a person who has the right to respond on behalf of the transport company, confirming the acceptance of the complaint.

If for any reason the carrier does not want to accept the claim, a copy should be sent by registered mail. The notification will serve as proof that the organization has received the complaint.

Attention!Our qualified lawyers will assist you free of charge and around the clock on any issues.Find out more here.

In what cases can you submit a document?

When ordering a “cargo transportation” service, not all clients think about the fact that unforeseen circumstances may happen on the road. The product deteriorates, the service is provided with a delay. As a rule, when drawing up a contract, the nuances are discussed in advance.

In this case, the transport company does not bring the matter to trial, but tries to resolve the conflict peacefully. However, under any circumstances, if a malfunction is detected, it is worth filing a claim.

The rule is regulated by Art. 797 of the Civil Code of the Russian Federation. In accordance with the legislation of the Russian Federation, the customer is obliged to try to independently negotiate with the head of the transport company on compensation for losses by submitting a written claim.

If it is not possible to reach an amicable agreement, you should file a claim in court.

The claim is drawn up on a blank sheet of paper, without marks or damage. The text reflects the essence of the problem, written in literate, understandable Russian. Signed by both parties.

Upon receipt of the cargo, they first inspect the integrity of the packaging, after which they open it and check the contents. A transfer and acceptance certificate is drawn up, which reflects all the nuances of delivery, damage, and non-compliance with the inventory.

When using the services of a transport company, you have to take risks: your cargo may be stolen, damaged, or spoiled during transportation.

The organization engaged in transportation is responsible for the safety of the cargo transferred to it in all respects. If you are not satisfied with the delivery of the goods or its timing, then you have every right to contact the carrier company with a complaint for damages.

In accordance with current legislation, this pre-trial procedure is mandatory. And it should be followed before you decide to send an application to the court.

A claim can be filed against a transport company both for damage and loss of cargo, and for violation of delivery and delivery deadlines.

Deadlines for filing a complaint

It takes a lot of time to deliver cargo; there are times when you have to wait for months. Baggage can sit idle in warehouses, move from one vehicle to another, and it is unknown in what condition it may be delivered. And its integrity can only be determined upon arrival “home”.

According to transport codes and regulations, complaints against the carrier should be submitted within 6 months, claims in relation to fines and penalties - within 45 days.

So:

• If your cargo is lost, you can file a complaint after 30 days from the time it was delivered;
• When transporting cargo by air - 10 days after the expiration of the delivery period;
• If the cargo was delivered by direct mixed transport, then the claim is made 4 months from the date of its acceptance for transportation;
• When the delivery of the cargo is late, or it is damaged/partially lost, then a complaint should be filed on the day it was issued.

If you did not meet the deadline, then the company can still accept your claim, if the reason for which this deadline was missed is considered valid.

The law stipulates that the carrier company must consider your complaint and respond to it after thirty days from the moment the complaint was filed with the relevant organization. If a response is not received within the specified period, then you can safely go to court.

Making a claim

Complaints to transport organizations are drawn up in the same way as any other similar documents.

The details of the parties who entered into a contract of carriage between themselves should be indicated, the responsibilities of the relevant organization should be briefly mentioned and then the situation that occurred with your cargo should be described in detail.

Determine the amount of damage and set time limits for which the carrier company must compensate for losses.

In addition, you should indicate that if your demands are not met, you will file a lawsuit.

The complaint is made in two copies, one is sent to the relevant company, the second is kept with you. And if, after 30 days after filing the complaint, no response has been received, then it would be worthwhile to involve a lawyer and go to court.

Below is a standard form and a sample transport claim, a version of which can be downloaded for free.

Transporting valuables, large items and even documents often falls on the shoulders of transport companies. They are quite economical and provide fast delivery of anything across the country. Of course, anything can happen during transportation, so complaints against the work of carriers of things are not uncommon, especially considering the average insufficient pay for loaders and the quality of transport routes in the country.

Damage to something sent or ordered can occur during any transportation - different temperatures in regions, actions of employees, or manufacturing defects arise seemingly out of the blue. However, you paid for the services of the transport company, so you have every right to complain and demand compensation for any damage caused by the actions of the employees.

Causes

As a rule, you can submit a claim to the transport company itself when you are able to prove its guilt. The most common grounds for claims are damage to both the cargo packaging and the items sent. There are also cases when you sent a certain number of places, but barely half of this number “reached” the destination. In this case, property theft occurs.

A damage claim should be filed if:

• You discover that the packaging has been opened, damaged or torn (even if due to oversight);
• You discovered that due to temperature conditions or cargo transportation conditions, your belongings were damaged (swollen wooden doors due to moisture, etc.)
• Mechanical damage - chips, scratches, etc.

Also, you should remember that if you order delivery of items through transport companies, it may be the seller who is dishonest and negligent, and not the delivery service. In this case, the rules for writing claims about low-quality goods to the seller should be applied, because TC is not responsible for initially damaged items. Therefore, it is necessary to distinguish between manufacturing defects and damage caused by the actions of loaders.

Deadlines

You have the right to file a claim only within the time limits established by law.– in this case, it is necessary to distinguish between the “type” of delivery. Your complaint corridor will also depend on the distance the cargo is moved. In any case, you have the right to complain if items are damaged from the day you receive the shipment until the end of six months thereafter.

TC is obliged to consider your claim within a month from the date of admission. In this case, you should carefully study the delivery and transportation agreement - as a rule, specific deadlines are printed in it when the client has the right to draw the attention of the company management to insufficient quality of services.

How to write

By using one of the available methods (mail, in person or online), you can file a claim quickly. Respectable companies prioritize the consideration of such cases because they are interested in a good reputation. However, in order not to give the TC a reason not to accept your appeal, Several rules for drawing up such documents should be followed:

• Obtain evidence in the form of photographs, expert assessments of damage and damage, etc. You will be able to refer to them in the text of the claim - in this case, copies of the documents should be attached to the appeal itself;
• Print in two copies - yours must be marked with acceptance by a company employee. If you send by mail, everything is much simpler - you should send a registered letter, for which the employee will have to sign upon receipt;
• Avoid obscene language, threats, embellishment of facts and irritation;
• Write briefly but to the point;
• Don’t forget to indicate to whom exactly the complaint is being sent and from whom, as well as your contacts for feedback;
• Be sure to clearly state your technical requirements and the time frame within which they must be fulfilled.

The rules for submitting via the Internet are similar, only you can add scanned evidence to your application. If the online form requires you to enter a name, the complaint becomes official because it is no longer anonymous. The response to it must be received within the same time frame as for regular requests - no later than 30 days from the date of admission to the TC.

Where else to apply

If the transport company turns out to be completely unscrupulous, management may ignore your appeal. In this case, assistance can be obtained by contacting two authorities:

• Rospotrebnadzor with a complaint about poor quality services and violation of the transportation agreement;
• Court for compensation for damage caused to you due to property damage.

It should be noted that the judicial authorities will be much more willing to consider your claim if you have first tried to resolve the issue out of court. Therefore, you will have to submit a claim to Rospotrebnadzor, which will order an inspection and draw up a conclusion on the actions of the Labor Committee. With the verification document, as well as written refusals from the company itself, you can count on a successful outcome of the trial. However, the damage must not really be caused by you or the person from whom you purchased the goods being moved.

You can submit a claim to Rospotrebnadzor:

• By contacting the regional or district office in your city during office hours. The rules are the same as when filing a claim directly with the TC - you need to print out your appeal in two copies, provide copies of evidence, and also ask the authority to understand what is happening or oblige the TC to comply with the clauses of the contract;
• Sent by mail to the regional office. You should not send a letter to central authorities, as it will still be forwarded to the local unit for further investigation. You will only waste time, so contact your place of residence;
• Using the online reception on the Rospotrebnadzor website. However, remember that such a complaint should not be anonymous and brief - online complaints should not exceed 2000 characters. You can attach scanned documents and digital photos to your complaint if your Rospotrebnadzor website supports this;
• By telephone - however, this method is more suitable for obtaining consultations. However, service employees may accept your verbal request if the conversation with you is recorded (you should be warned about this in advance).

Consideration of the claim will take the same standard 30 days, so you can send it immediately to a higher authority and to the transport company itself. In this case, in the text of the complaint it will be necessary to indicate the authorities of your appeal so that the addressees are informed about your actions. In this case, the Rospotrebnadzor inspection will be able to immediately influence the response of the company itself.

Did you receive the product in damaged condition? Unpleasant situation. But since this has happened, it is necessary to take all measures to restore justice.

In this situation, a prerequisite for a successful solution to the problem will be a claim to the transport company for damage to the cargo. Drawing up such a document and submitting it to the transport company for consideration is one of the effective ways not to suffer financially.

How to do this in compliance with all necessary conditions? We will tell you in our article.

In this article:

How to write a claim to a transport company about cargo damage

Before we begin discussing writing a claim, it is necessary to touch upon the moment of discovery of damage. This is by no means an unimportant aspect. Damage may be discovered after receiving the shipment.

For example, upon opening the package, a crack in the glass of the door will become obvious. In this case, the process of proving the fact that the recipient of the cargo was not involved in its damage will be very difficult.

A very important point is the contract on the basis of which the cargo is delivered. Namely, whether it is delivered by agreement between the transport workers and the manufacturer (seller) of the property or with the recipient.

In the first case, the carrier is a subcontractor, and in the second, an entity providing transport services.

The indication at this point is intended to emphasize the importance of establishing who exactly is responsible to the consignee. This determines who should file a claim that the cargo was damaged during road transportation.

It often happens that the carrier is not to blame; the product was initially defective, but the defect was hidden by the packaging. Under such conditions, it may be necessary to prove your non-involvement in the damage to the goods and write that it was of poor quality from the beginning. So, when accepting cargo, you need to take these circumstances into account in order to minimize risks.

Contents of the complaint to the transport company

First of all, attention should be paid to the circumstances that relate to the damage. The cargo acceptance certificate should describe in detail what is damaged.

In addition, it will be very useful to take photographs and indicate this circumstance in the act. In the future, the cargo acceptance certificate and photographs can be attached to the claim.

You can download a sample claim form for cargo damage on our website, and if necessary, order the preparation of a ready-made document specifically for your case.

The transport company's claim for cargo damage, a sample of which is posted for review on the website, meets all the requirements of current legislation.

In general, a claim to a transport company for damage to cargo during transportation must contain:

• details of the parties who entered into an agreement on the movement of cargo;
• date of receipt of the cargo;
• place of receipt of cargo;
• cost of cargo;
• the circumstances under which the damage was discovered;
• nature of damage;
• number, signature.

In addition to the above points, it is imperative to mention that if the situation is not resolved through a claim procedure, the recipient reserves the right to go to court.

Another action that needs to be taken is to write a second copy of the claim, or make a photocopy of it. On the copy that remains with the applicant, the company employee puts the date of receipt of the claim and a signature, along with an indication of the position and full name.

If it is not possible to submit a claim in person, it is sent by registered mail with notification and a description of the attachment.

Time frame for consideration of a claim by the transport company

Consignees who find themselves hostage in a situation where a transport company delivers cargo with damage that was not immediately identified have the right to file a claim within the established time frame. It is worth noting that depending on the type of transport, the time allotted for filing a claim differs.

In addition, there are deadlines for filing claims not only for damage caused to transported property, but also for compensation for other losses arising from the damage received. Read more about this in the article: Deadlines for filing a claim with the carrier.

As for the time allotted for consideration of a claim, it, as a rule, does not exceed thirty days. If after this period the transport company has not responded to the claim, the recipient has the right to file a claim in court.

However, there are exceptions to this general rule, so you should consult with a lawyer to be sure.

Compensation for damage by the transport company

It must be said right away that you can demand not only the amount at which the cargo was estimated, but also the damage caused by other actions of the transport company.

For example, if the transfer of funds for damage to the cargo was not made within the established time frame. In addition, if the recipient of the cargo does not wait for delivery, then transport workers are obliged to compensate for damages associated with payment for transportation.

Here it is necessary to consider one more circumstance. When claiming compensation for damage, supporting documents are needed. Both the existence of the damage itself and the amount claimed for compensation must be justified.

To obtain confirmation, you may need the help of specialists from other areas of activity, such as experts. To organize the process of proof with the greatest efficiency, you need to use the opinion of qualified lawyers. Call us.

The most important aspects of the claim procedure

The first thing worth mentioning is that filing a claim with the transport company for cargo damage is mandatory.

If you do not carry out the claim procedure and immediately go to the arbitration court, your statement of claim will be left without consideration and returned back. Pre-trial proceedings are established by law as an integral part of resolving such disputes.

The second thing you should pay attention to is the type of transport used for delivery. Each type has its own characteristics, including mixed delivery.

The third circumstance that plays an important role is the timing of filing a claim and the time within which the transport company must respond to it. Be careful, it is not advisable to violate them.

In conclusion, we warn you that transport companies have very experienced lawyers among their employees, and it is quite difficult to resist them alone. Therefore, the right decision would be to level the odds and use the services of a law firm.

Any damage to the cargo is associated with the need to compensate for the damage, identifying the guilty party and all the circumstances that negatively affected the transported material assets. Such an event is regulated by the provisions of Articles 796 and 803 of the Civil Code of the Russian Federation, as well as paragraph 5 of Article 34 of the Charter of Motor Transport. According to the rules established by law, any proceedings in conflicts of this category include two mandatory stages:

1. A claim from the transport company for cargo damage, which is sent by registered mail along with a completed report and other documentary materials.
2. Submitting a statement of claim to the arbitration court, to which all evidentiary documents and a receipt for payment of the state fee should be attached.

The statute of limitations in this case is 1 year from the date of filling out the report on damage to transported material assets. Any claim against the carrier for damage to cargo must be drawn up by knowledgeable lawyers who can convincingly describe all the evidence of guilt, as well as the bleak prospects for the defendant in the event of litigation. A claim is filed if the guilty party refuses to compensate for the damage or offers do not satisfy the party filing the claim.

In this case, court decisions are transferred to enforcement proceedings, during which the amount of the claim and legal costs are recovered from the defendant. In some cases, a plaintiff may be entitled to make a claim for lost profits if damage to commercial goods intended for sale is involved. Sometimes there are situations when the plaintiff also demands compensation for costs incurred in the process of complex disposal of damaged products.

Reasons for cargo damage during transportation

Each cargo requires a competent selection of transport for transportation, which can provide appropriate conditions, according to the specifics of the goods being transported. All requirements and provisions for transportation are regulated by Decree of the Government of the Russian Federation dated April 15, 2011 No. 272 ​​“On approval of the Rules for the transportation of goods by road.”

Cargo damage occurs due to the following events:

1. Wrong choice of vehicle and method of transportation. A simple example is that deep-frozen products are transported in an isothermal van, and not in a refrigerator. The result is damage to the entire batch of expensive goods. The second example is that grain with high humidity (above 15%) is transported in bags. The result is an intensification of the process of rotting the crop with the subsequent loss of large volumes of transported products.
2. Damage to goods due to mechanical impacts, including vehicle vibration during travel. Such circumstances arise due to poor quality packaging, negligence of loaders, improper location and fixation of cargo in a container or body.
3. Road traffic accidents. In this case, the owner’s claims will also be brought against the carrier, regardless of his guilt in the accident. After compensation for the damage caused, the defendant has the right to file a recourse claim against the culprit of the accident.

There is also such a thing as natural loss of cargo, which is regulated by separate rules for specific types of products. For example, natural losses during the transportation of grain crops are 0.07 when transported in open bodies and 0.05% when delivered in bagged containers. It is clear that if the loss fits into the specified standards, then there can be no talk of any claims against the carrier. Chapter 6 of the aforementioned Resolution No. 272 ​​describes the nuances of transporting certain types of cargo (liquid, bulk, homogeneous).

Carrier's liability for cargo damage

As soon as the act of receipt of the cargo has been signed, the carrier and forwarder are fully responsible for the safety of the transported valuables. Responsibility ends only at the moment of signing the act of transfer of goods to the consignee. Once it has been determined who is to blame for damage to the cargo during transportation, it is necessary to determine the amount of damage that will be compensated by the guilty party. In this case, the assessment can be carried out using the following methods:

• a percentage calculated from the estimated value of the cargo specified in the contract;
• quantitative assessment of damage, which is made based on the actual volume of damaged goods;
• determination of the amount of compensation based on average market prices for the corresponding product group (in the absence of a written estimated value)

If we are talking about the liability of the forwarder, then in this case the plaintiff appeals to Article 803 of the Civil Code on violation or improper performance of a commercial contract. In this case, the guilt of the accompanying person working on the basis of a contract is, in the vast majority of cases, obvious to the court.

The carrier is released from liability if he can prove the following points:

• the events occurred due to compelling circumstances;
• the driver made every effort to preserve the cargo;
• traffic restrictions were suddenly introduced on the route, which the carrier could not have known about

In this case, the defendant should refer to Article 36 of the Federal Law “Charter of Road Transport and Urban Ground Electric Transport” dated November 8, 2007 N 259.

Actions of the consignee in case of damage to the cargo

If cargo damage is detected, you must:

1. Promptly notify the transport company of the incident.
2. Form a commission that will include specialists capable of assessing the scale of losses and the extent of material damage. If we are talking about damage to large quantities of goods, an independent expert should be invited to carry out an assessment.
3. Take photographs of visible damage or make a video.
4. Take a photo of the waybill with notes on the departure and arrival of transport at the destination.
5. Unload the vehicle with separate unloading of damaged products for accurate accounting.
6. Draw up a report on cargo damage, in which the driver of the vehicle must sign. If he refuses to sign, the act is signed without his participation by all members of the commission.
7. Contact a lawyer who will file a claim against the transport company, which will indicate the reasonable amount of damage for compensation.
8. If there is no response to the claim within 30 calendar days, file a claim with the arbitration court.

Sample claim for cargo damage

The transport company's claim should include the following information:

• date and place of filing the claim;
• complete information about the shipper, carrier and consignee;
• number and date of the transportation contract indicating the cost of the cargo;
• copies of invoices;
• all circumstances of detection of damage to transported valuables;
• the amount of damage caused and the procedure for compensation;
• list of attached documentary evidence, photo and video materials;
• signature of the head of the organization that made the claim, stamp, date

This document is drawn up in three copies - for the sender, recipient and carrier. It is worth recalling that such an act is not only the basis for filing a claim, but also allows you to officially write off damaged goods from accounting.

The secure cargo transportation portal Cargocash offers cargo insurance from a reliable operator who promptly reviews applications and compensates for losses. Our website has everything you need to organize responsible delivery with an informed choice of a professional carrier and forwarder.