transport damage

Transport damage may result from human error or from circumstances beyond the carrier's control. However, in such a case, it must be shown that the damage was caused by an event that excludes the contractor's obligation to pay compensation.
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Get help from experienced lawyers in handling various types of transport damages.
We will conduct an analysis of your case and make a recommendation on how to proceed.
We will also represent you in disputes with the insurer and during judicial proceedings.

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Substantive support

Experienced lawyers will help you handle various types of transportation damages

Protecting your interests

Our legal expertise will keep you safe at every stage of the dispute

Legal representation

We will represent you in disputes with the insurer and during litigation.

What we will do for you

We will conduct an analysis of your case
We will prepare a recommendation for further action
We will develop appropriate letters and applications
We will represent you in court cases

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What is transportation damage?

Transport damage is a concept closely related to the TSL industry. It defines a situation in which the transported cargo is damaged, for example, due to the driver's failure to adjust his driving style to the road conditions and the specifics of the shipment. A reduction in the value of the goods can also occur due to a car breakdown. This happens, for example, when foodstuffs get wet or spoil in a vehicle with a malfunctioning refrigeration unit.

If you're wondering what transportation damage is, you need to know that the term includes partial or total loss of a shipment. Such events, as a rule, are the result of inadequate trailer security or criminal activity. Theft of goods is still a big problem in the TSL industry. It is fought by implementing appropriate security procedures.

Transportation damage is divided into:

overt - they are noticeable from the outside, without having to unload the goods;

hidden - can be seen only after unpacking the package.

Disclosure of damage usually occurs when the cargo is handed over to the consignee. In such a situation, the authorized person can accept the shipment and note the irregularities or refuse acceptance.

Appeal against insurer's decision on transport damage

If you believe that the insurer's decision with regard to transport damage was unfounded, you can apply for it’s amendment.

In the event that the company, for example, underestimated the value of the compensation or refused to pay it, we will provide you with substantive support in appealing such a settlement of the case.

We will help you draft a request for reconsideration of the entire situation, and if necessary, we will appear in court on your behalf.

Carrier's liability for damage in national transport

Transport damage ocurred in national services is regulated by the Civil Code and the Transport Law. According to the wording of these regulations, it is the carrier who, on a strict liability basis, is responsible for damage or loss of the shipment from the moment the cargo is accepted until the goods are delivered to the consignee. He is also responsible for delays in delivery. However, there are situations in which the carrier is not at fault for damage in transit. This is the case when the irregularities were caused by:

sender activities;

recipient conduct;

the specifics of the goods being transported;

the impact of force majeure.

It is also incumbent on the carrier to provide evidence that proves that the transport damage was caused by one of the listed causes. Then the liability for the resulting irregularities will be limited and he will not pay compensation.

We provide comprehensive assistance in resolving such cases and gathering documentary evidence. We can also represent you in disputes with the insurer, which has refused to pay compensation for transport damage in Poland.

Carrier's liability for damage in international transport

It is worth remembering that the basis for protecting the interests of the carrier is a properly written transport contract. To avoid ambiguity, it should specify in it:

the person responsible for unloading and loading the shipment;

the entity responsible for securing the goods;

the exact weight and quantity of cargo being carried;

possible supervision of a special purpose shipment.

In international transport, liability for damage in transit is defined by the CMR Convention. According to its content, the carrier, as in the case of national services, is liable for the total or partial destruction or loss of goods and for delays in delivery.

Possible exemption from liability occurs only in cases specified in the CMR Convention. This is possible if the damage to the goods in transport was caused by the fault of the shipper or consignee, was due to the goods' own defects or occurred due to circumstances that the carrier could not avoid.

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      The administrator of your personal data provided in the above form is Transcash Kancelaria Prawna Baranowski Sp.k. based in Wrocław (postal code 53-146), ul. Racłwicka 2-4, NIP 896 158 82 86. Data is processed in accordance with the Privacy Policy - by submitting the above form, you declare that you have read its content.