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NOTICE OF CLAIM TO CARRIERS FOR LOSS OR DAMAGE
How Much Time to Report A Loss?
Failure to file prompt notice against carriers can jeopordize recovery rights and preclude favorable acceptance of the claimed loss under the insurance policy.
Ocean Carrier - One Month
Notice of claim must be sent to the ocean carrier immediately after the damage or loss is observed. An ocean carrier can avoid liability for any loss or damage caused unless a suit is filed within one month from the date of delivery.
Rail and Truck Carriers (I.C.C.) - 9 months
Notice of claim must be filed within nine months of the delivery date on all interstate truck or rail carriers.
Local Truck Carriers - 4 months
Notice of claim must be filed within four months of the delivery date on local intrastate truckers.
Air Carriers
Pilferage and Damage - 7 Days
Notice of claim must be filed within seven days from the time of delivery on pilferage and damage claims.
Non-Delivery - 120 Days
120 Days Notice of claim must be filed within 120 days from the date the goods were to be delivered.
CARGO LOSS PROCEDURE
- Inspect packages - take photos of both packaging and contents.
- Construct a formal claim letter on company letterhead, stating your intent to file a claim and the air bill #. Describe in detail the damage and/or loss and provide an estimate of the repair or replacement costs.
- Further to protect your rights under your insurance:
- Promptly notify Ocean Air via email or phone that damage or loss has occurred.
- Send the formal claim letter, along with supporting documentation - which includes a signed off delivery receipt and supporting pictures to Ocean Air.
In addition, the following may be required by the Insurance Underwriters to process the claim:
- Copies of all Bills of Lading covering the entire shipment, including paid freight bills.
- Certified copy of shipper's commercial invoice(s) covering the entire shipment insured.
- Copy of packing list(s).
- Duty Consumption Entry Report bearing Entry Number, also, executed Customs Form No. 5931.(only required on non-deliveries and shortages)
- Copies of all delivery receipts with proper exceptions in respect of loss or damage noted thereon, as well as any other exceptions or bad order slips and carrier inspection reports which may substantiate loss or damage.
- With regard to non-delivery claims: written confirmation by the carrier involved attesting to their inability to make delivery.
- Assured's statement of claim.
- Repair bills
- Any correspondence or other reports or information relevant to the transit, loss, damage or coverage.
- Original of survey report if it has not been sent directly to Underwriters by surveyor.
- Original and duplicate of Special Cargo Policy or Certificate of Insurance if issued, properly endorsed by the payee. In case of import shipments not covered by a Special Cargo policy or Certificate of Insurance, identify the Declaration or Monthly Report under which the shipment has been declared to Underwriters.
LETTER OF CLAIM AGAINST CARRIER
(This letter should be written on your letterhead)
Name and Address of Carrier
Re: M/V (Vessel Name) or Airline
Arrived (Port & Date of Arrival)
B/L or Airway Bill No. & Date
To whom it may concern:
This will notify you that the captioned shipment has been received in the following condition:
(Brief Description of Damages, Pilferage, Shortage, Etc.)
We are hereby filing a claim and hold you responsible for this loss and/or damage. Please acknowledge receipt of this letter and please send us your claim number.
Very truly yours,
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