Damaged Cargo Claim Rejection? Not On My Watch!

Dealing with a cargo claim rejection for damaged cargo can be frustrating and disheartening. However, all hope is not lost. If you have evidence proving that the damage occurred during the carrier’s custody, you can fight and seek rightful compensation. We’ll provide you with a practical and effective guide to overturning a claim rejection and ensuring your cargo claims are handled fairly.

1. Understand the Reason for Rejection

The first step after your claim rejection is to find out why it was rejected. Carefully review the rejection letter and understand the specific grounds on which the carrier based their decision. This knowledge will help you gather additional documentation that directly addresses the carrier’s concerns.

2. Gather Additional Documentation

To strengthen your case, it’s crucial to gather additional documentation that proves the legitimacy of your claim. This may include photographs or videos of the damaged cargo, inspection reports, loss mitigation evidence. The key is to provide clear evidence that the damage occurred while the cargo was in the carrier’s custody.

3. Seek Support from Relevant Parties

Don’t hesitate to reach out to other entities involved in the shipment process. Contact your exporter, importer, stuffing company, or cargo destruction company. They may have additional documents or insights that can further support your claim. Collaborating with these parties can provide valuable information and strengthen your case.

4. Engage Third-Party Claim Handling Experts

If you find yourself stuck or facing complex legal issues, it may be wise to seek assistance from third-party claim-handling experts such as Recoupex. These professionals specialize in marine cargo claims and can provide guidance based on their extensive experience. They can help you assess the strength of your case, gather additional evidence, and strategize the best course of action.

5. Consider Legal Action as a Last Resort

While it is always advisable to resolve disputes amicably, sometimes when 12-month time bar is imminent, legal action becomes necessary. If your efforts to settle the claim outside of court have been unsuccessful, you can take it to the court. It’s worth noting that the prospect of litigation often motivates carriers to reconsider their position and opt for an out-of-court settlement for genuine claims. Litigation is generally a last resort, but if your claim is legitimate and backed by solid evidence, it can be a powerful tool to achieve a fair resolution.

Fighting a cargo claim rejection for damaged cargo requires determination, evidence, and persistence. Significantly increase your chances of overturning the rejection and obtain the compensation you deserve by following the steps outlined in this article. While the process may be challenging, the evidence-based nature of your claim will serve as a strong foundation for resolving the dispute in your favor.

Recoupex is a hub of transport lawyers – experts in cargo claims. We assess your case quickly. We have successfully recovered claims from Maersk, Sealand, Hapag-Lloyd, Mediterranean Shipping Company – MSC, CMA CGM, and other carriers.

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