Key points
- Note damage on the delivery receipt at the time of delivery, in specific words.
- Written notice deadlines are short: 3 days by sea (15 days for containers under Chinese law), 7 by road, 14 by air.
- Time limits to sue are 1 year for sea and road and 2 years for air, which cannot be extended.
- Keep everything until the surveyor agrees: damaged goods, packing, seal, photos.
- Claim the full value from your insurer; never sign a release with the carrier without its agreement.
What to do from the moment the truck arrives
- Inspect before signingCount the packages, check the seal number against the B/L, and look for holes, dents or water marks on the container or trailer.
- Write specific remarksOn the delivery receipt, CMR note or delivery order, write exactly what you see, such as 3 cartons crushed, 2 wet. Never sign received in good condition without checking.
- Photograph everythingTake photos and video of the container doors, seal, stacking, packaging and damaged goods before anything is moved.
- Keep goods and packingDo not throw away or repair anything until the insurer or surveyor agrees.
- Send written noticeNotify the carrier or forwarder in writing within the deadline, even if you do not yet know the amount.
- Notify your insurerContact the claims agent named on the insurance certificate the same day and ask for a survey.
- Mitigate the lossSort, dry or salvage what can be saved. Reasonable mitigation costs are recoverable.
- Submit the claim fileSend the documents and a claim calculation to your insurer, and a formal claim to the carrier.
- Protect the time barIf settlement is slow, get a written time extension or have proceedings issued before the deadline.
Time limits you cannot miss
| Mode and regime | Notice of hidden damage | Notice of delay | Time limit to sue |
|---|---|---|---|
| Sea: Hague-Visby Rules | Within 3 days of delivery | Not clearly covered; B/Ls often exclude delay | 1 year, extendable by agreement |
| Sea: China Maritime Code | 7 consecutive days, or 15 days for containerised goods | Per contract | 1 year |
| Road: CMR | 7 days, excluding Sundays and public holidays | 21 days | 1 year (3 years for wilful misconduct), suspended by a written claim |
| Rail: CIM | 7 days | 60 days | 1 year (2 years in certain cases) |
| Air: Montreal Convention | 14 days | 21 days | 2 years, cannot be extended |
The evidence a claim needs
Claim file checklist
0/10How the survey works
Once you notify the insurer, it usually appoints an independent surveyor, often through a claims agent in the destination country. The surveyor examines the goods, the packing and the container, establishes the likely cause and when it happened, and assesses the loss: total loss, repairable damage, or goods that can be sold at a reduced price. Ask for a joint survey with the carrier where possible, so both sides look at the same evidence and the carrier cannot later argue the cause. Do not move, destroy or sell damaged goods before the surveyor has seen them unless they are a hazard or would deteriorate further, and then record everything and tell the surveyor first.
Tap a card to flip it
Carrier, forwarder or insurer: who to claim from
- Pays the insured value, usually 110% of CIF, within policy terms
- Covers losses where the carrier is not liable, such as perils of the sea or fire
- Needs notice, survey and documents promptly
- Then recovers from the carrier itself
- Will not pay for poor packing, inherent vice or delay
- Liable only if the loss happened in its care and no exemption applies
- Capped at convention limits, for example 666.67 SDR per package or 2 SDR per kg by sea
- Strict notice and time bar rules
- You still must send notice even when you claim from insurance, to protect recovery
- As agent: liable only for its own negligence, such as choosing carriers or handling documents
- As principal: liable like a carrier when it issues its own house B/L, FBL or CMR, or sells an all-in door-to-door price
- Liability and deadlines follow its trading conditions
- Misdeclared goods or poor packing shift liability to the shipper
Without insurance you can only claim from the carrier or forwarder, and even a strong claim is capped. How the B/L describes the cargo matters: under Hague-Visby each package listed on the B/L counts as a package, even inside a container. Take 10 damaged cartons of 25 kg each, worth USD 20,000:
| How the B/L describes the cargo | Per-package limit | Per-kg limit (250 kg) | Maximum recovery |
|---|---|---|---|
| 10 cartons listed | 10 × 666.67 = 6,666.7 SDR | 500 SDR | 6,666.7 SDR, about USD 8,700–9,300 |
| 1 container, no package count | 666.67 SDR | 500 SDR | 666.67 SDR, about USD 870–930 |
| Insured at 110% of CIF | Not applicable | Not applicable | Full insured value, subject to policy terms |
Mistakes that sink claims, and 2026 cautions
- Signing a clean delivery receipt and finding damage later
- Sending notice after the deadline, or only by phone
- Throwing away packing or repairing goods before the survey
- Damage caused by poor packing or your own container stuffing, which insurance excludes
- Claiming for delay or lost sales, which ICC cover and most carriers exclude
- Letting the 1-year sea time bar pass while negotiating
- Accepting a carrier settlement without the insurer's consent
As of November 2026, cargo for the UAE is discharged at Khor Fakkan while the Strait of Hormuz is closed to container ships, then moved by bonded truck to Jebel Ali. Each extra handover is a point where damage can happen, so check seals and condition at every stage you control. If a carrier ends the voyage at a port other than the one on your B/L, tell your insurer immediately: cover continues only if it is notified promptly and any extra premium is paid. Transit times quoted by Golden Way are estimates, not guarantees, unless a written guaranteed service has been agreed.
Test yourself
Damaged cargo claim check
Frequently asked questions
How long do I have to report damaged cargo?
Apparent damage should be noted at delivery. For hidden damage, give written notice within 3 days by sea under Hague-Visby, 7 days by road under CMR, and 14 days by air. Notify your insurer at once.
What is the time limit for a cargo claim against a shipping line?
Usually 1 year from delivery under the Hague-Visby Rules and the China Maritime Code. It can be extended only by written agreement or by issuing proceedings.
Should I claim from the carrier or from my insurer?
If insured, claim from your insurer for the full value and also send notice to the carrier. The insurer pays you and then recovers from the carrier.
How much will the shipping line pay for damaged cargo?
At most the higher of 666.67 SDR per package or 2 SDR per kg under Hague-Visby, and nothing if an exemption such as perils of the sea applies.
What documents do I need for a cargo damage claim?
Invoice, packing list, B/L or waybill, insurance certificate, delivery receipt with remarks, photos, survey report, notice letters, repair quotes, weight tickets and a claim calculation.
Can I claim for late delivery?
Rarely. Cargo insurance excludes delay, CMR caps delay compensation at the freight charge, and many B/Ls exclude delay.
Who pays for the surveyor?
The insurer normally appoints and instructs the surveyor. Survey costs are usually part of the insured claim; check your policy.
Sources
- Netherlands Treaty Database – CMR Convention
- ICAO – Montreal Convention 1999 text
- FIATA – Revised liability limits under the Montreal Convention 1999
- Wecox Claims Group – Summary of transport conventions, liability limits and time bars (Dec 2024)
- If Insurance – Summary of time limits for notice of loss
- IMF – SDR valuation (daily rate)
- AGBI – Gulf cargo stuck as shipping calls end of voyage (March 2026)
General information checked on the date shown. Rules and rates change: our team confirms the details for your shipment.