- Claim Procedure
If loss/damage is found from the goods, the assured is obligated to take the following measures.
a.Note exceptions on delivery documents such as the outurn report, delivery receipt, cargo damage report, convention & etc. in order to clarify the time and place of the accident.
b.Promptly notify the claim to the underwriter or claims settling/surveying agent named in the insurance policy so that the agent may carry out a survey of the goods and issue a survey report. In some cases where the claim amount is minimal, a survey may not be necessary.
c. Immediately send a written notice of claim to the carrier and any other responsible parties and obtain their written reply.
1.2. CLAIM DOCUMENTS
In order to file a claim, the assured must send the following documents to the underwriter.
– Claim letter
– Insurance policy (original)
– Bill of lading or air waybill
– Commercial invoice
– Packing list
– Survey report
– Notice of claim sent to the carrier and, if available, their written reply
– Cargo damage report, delivery receipt, convention, container damage report & etc.
1.3. IMPORTANT MATTERS
a. Taking Exceptions
Delivery records noted with proper exceptions that help clarify the date and place of the accident help speed up the claims settlement process. If all or part of the goods are not delivered, a written confirmation of non-delivery must be obtained from the responsible party.
b. Promptly notify the claim to the underwriter or local agent
If the assured delays notifying the claim, it makes it difficult for the underwriter to ascertain whether the date/place/cause of the accident are within the scope of the insurance policy. Therefore, promptly notifying the underwriter or agent is crucial for the speedy settlement of claims.
c. Limitation of actions against carrier
The assured should preserve all rights against the carrier or other responsible parties. Please bear in mind that according to the Hague Rules, the subrogation rights for loss/damage against shipping companies is only valid for one year counting from the date of discharge from the vessel. In order to avoid being time-barred from taking action against the carrier, the assured should notify the claim to the underwriter or agent in time or the assured must obtain an extension of the time limit from the carrier.