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How to claim a damaged shipment

Shipping companies strive to make sure all shipments reach their destination on time and in perfect condition. However, it is inevitable that sometimes there is an accident and the shipment arrives with some damage. For this reason, it is always advised to learn about the different types of insurance and coverage offered by the company which we are hiring the transport. If you want to learn how to claim a damaged shipment.

Before you claim a damage...

It is always better to be safe and take some precautions. Here are some things we advise:

  • Always hire a real shipping company and never through a “search engine” or “third party” on internet.  Verify if the company has a transport operator card “OT” , if the company does not possess that, you are hiring a pirate and may not take responsibility and work with you in case of damage or lost of shipment.
  • Protect, wrap and pack, with cautiousness and carefulness to ensure that your shipment travels in the best conditions. As always we explain this part in detail in our videos.

First, you must bear in mind that a 100% legal company is a company that fulfills its responsibilities. Second, in the event that the shipment is not properly protected, wrapped and packed, neither the transport company nor the insurance company will be held accountable because it is the sender's responsibility that the shipment was correctly protected for transport.

Getting insurance if the shipping is not properly protected does not help because you will lose the amount of the insurance cost and will not receive coverage.

When we receive the shipment

If the shipment arrives at destination with apparent damages (broken, open...) it is very important that you leave a record on the delivery note or on the PDA of the delivery person, this is what the Law calls "leave notes" and it is the proof that the shipment has arrived bad shape. This does not mean that the content is damaged, but just in case. The delivery person can not refuse that you leave the notes in writing.

Also in this case, the deadline to claim a shipment to the carrier is only 24 hours. So you have to act quickly. The claim can be sent by email but it is recommended to ratify it by registered letter or bureaufax always to the company to which the transport has been contracted and not to the one that has made the delivery. This is the difference between the contractual carrier and the effective carrier and for which we recommend that you verify that the company always has the OT in order.

If the packaging does not show the apparent damages that we mentioned before, but when opening the box the content is damaged, it is said that the damages are hidden or not apparent. In this case, the deadline to claim the company to which we contract the transport is 15 days. As always, the sooner the written claim is presented the better.

Steps to claim a shipment damage

Claiming a shipment damage is more than sending some photographs by email or saying "the shipment arrived broken, pay me". If we want to be successful in our claim, it is important to comply with the deadlines, forms and procedures. In addition, the individual claiming the damages is obliged to collaborate at all times with the transport company and the insurance company in everything that they request, in terms of documentation and information about the event. Refusal to do so leads to the claim being dismissed.

The minimal content to claim a shipment damage must have the following information:

  • Detailed description of the damages claimed, accompanied by photographs and proof evidence.
  • Weight of the affected material. Usually, only part of a shipment is damaged. So you can only claim the part of the shipment that was really affected.
  • Budget to repair of damages, broken down (hours, labor, detail of materials used, etc ...)
  • Cost in euros of the amount claimed, accompanied by an invoice evidence of said cost
  • Detailed description of packages and protections utilized both internally and externally.

Remember to sign the claim, forward it by email and send it to the company which we have contracted the transport so that we obtain proof of its presentation (burofax, in person, acknowledgment of receipt, etc ...) within the deadlines.

From the presentation of the claim, the shipping company must manage it. Most cases are resolved within 90 days of its submission. Others may be more complex and require more time, or the parties may request additional information or documentation in order to determine the cost assessment. The process can take up to  about a year.

If all the documentation is correct and during the management of the claim it is determined that the damage is the responsibility of the carrier, the resolution and compensation is communicated according to the transportation medium  and proceeds to its payment.

In case you are not satisfied with the resolution of the appeal proposed by the carrier, and if the amount claimed is less than 12,000 euros, you can appeal free to the Arbitration Boards of Transport which is much more effective than the Offices of Attention to the Consumer, and faster and less expensive than a judicial route

We hope you never have to claim a shipment, but if it happens, at LA LUNA shipping® we are specialists in the management and processing of incidents that may occur during shipping and in almost 100% of cases our clients receive the compensation they claim, where they have direct contact with the person handling the case, as well as information on the status of the management of the appeal.

Because it is as important to properly manage a shipping service as it is to assist and solve any situation that may occur as a result of it.

And, as always, if you have any other questions, contact us through info@laluna.coop or through phone

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