CLAIMS PROCEDURES

In the event of a claim, please follow the below instructions:

  1. Document the conditions of the cargo upon delivery. When cargo is received, make clear exceptions on the delivery receipt noting any loss or damage to the cargo, packing, and/or containers. The best tool for documenting the condition of the cargo is by taking pictures. These photographs will be very helpful when stating your claim.
  2. Minimize the loss. Immediately protect the cargo from any further loss or damage. Steps to take include separating wet cargo from dry cargo, repack to prevent further loss or damage, and move goods to a secure location. Important note: The Sue and Labor Clause requires the cargo owner to take reasonable measure as may be necessary to protect the insured property from further loss by an insured peril. Costs or expenses incurred by the cargo owner in doing the for mentioned are payable under the Sue and Labor Clause. (Make sure all pictures are taken prior to this step)
  3. Preserve all packing, damaged goods, and seals until advised otherwise by Benchmark Export Services.
  4. Notify Benchmark Export Services immediately! Complete the First Report of Cargo Claim form which can be found on our FORMS page.
  5. Contact a surveyor to assess the loss/damage immediately. For the contact information of the appropriate surveying agent, please contact Benchmark Export. Surveyors are neither settling agents not are affiliated with the insurance company. They are independents who report the facts to the insurance company have the responsibility for determining the amount of the loss. Usually the insurance company will pay surveyors directly for their services. But in situations when a surveyor requires up-front payment to investigate a valid claim, the insurance company will reimburse the claimant.
  6. File a formal notice of claim against the carrier. There are statutes of limitation to notify the carrier of loss, damage or non-delivery. Refer to the following table for time limitations.
    Ocean As soon as practicable, maximum 1 year from date of discharge. If the claims is not yet settled 30 days prior to the one year expiration, file a request for an extension with the steamship line, and ask for confirmation in writing.
    International Air 7 days from time of delivery, for visible damage. * 14 days from time of delivery, for concealed/hidden damage. * 120 days from the date goods should have been delivered for non-delivery. * Time limits for countries of destination that have accepted Montreal Protocol No. 4 are 14 daysand 21 days respectively.
    Interstate Rail and Truck Carriers 9 months from the date of delivery. It must be a formal written claim and must include a demand for payment of a specific amount.
    Local Truck and Air Carriers Time frames for reporting these claims are dictated by State Law and therefore may vary.

Retain all copies of the shipping documents. The following list of documents a will generally be required to settle a claim. Fax or email these documents immediately to your Benchmark Export representative so as not to delay the claims settlement process.

Shipping Documents Necessary to Submit Claim
  1. Proof of Insurance – Declaration Form or Original Certificate
  2. Commercial Invoice (s)
  3. Non-Negotiable Copy of Bill(s) of Lading or Air Waybill(s) (front & back)
  4. Claim Statement (an itemization of loss/damage claimed)
  5. Copy of Letter(s) to Carrier(s) giving Notice of Claim
  6. Carrier’s Reply(s) (if any)
  7. Delivery Receipts with Exceptions Noted
  8. Survey Report (when applicable)
  9. Packing List(s)
  10. Repair Estimates (when applicable)
  11. Please note: The surveyors or insurance company may need to see additional documents depending on the circumstances. If this becomes necessary, you will be notified.

Frequently asked questions about Claims

How long will it take to get my claim paid?

The average time to adjust the typical cargo claim and have a check in your hands is 45 to 120 days. The most time consuming steps in the process are the completion of the surveyor’s report and the gathering of documents to support the loss. Surveyors can sometimes be delayed in completing their reports if they are experiencing backlogs in work and/or if the claimant is not able to provide them with the required information in a timely manner.

What may delay a claim or result in not getting paid in full?

All cargo insurance companies have four basic requirements before they will pay your claim. Failure to satisfactorily address any one of the following four items is likely to result in long delays or result in not getting paid.

  1. Evidence that there was loss or damage to the goods. Do not discard damaged goods, packaging and container seals until a surveyor has had a chance to investigate the loss.
  2. Documents to support the amount being claimed.
  3. Evidence to support that the loss did indeed occur in transit. Failure to provide delivery and/or do9ck receipts with exceptions noted or other proof like weight variances may result in the insurance company questioning whether or not the loss occurred while in transit.
  4. Proof that you have reserved the insurance company’s right to recover from the carrier(s) in a timely manner. Please be certain to send letters to all carriers holding them responsible for loss.
Who is responsible for paying the survey fees?

In most cases, the insurance company will pay surveyors directly for their services. However, in situations when a surveyor requires up-front payment to investigate a valid claim, the insurance company will reimburse the claimant.

Top Excuses for Not Buying Cargo Insurance

“I already have an insurance policy”

That may be true, however, your policy may lack the broad coverage clauses included in our policy. Also, we buy insurance in volume so our rates are very competitive and we may be able to reduce your insurance costs. We also handle your claims, type the certificate, make monthly declaration to the insurance, etc.

“The carrier covers my losses”

They don’t, unless you purchase insurance from them – but it is usually insufficient to cover the full extent of the potential losses and risks your goods will encounter. In addition, carriers are only liable if you can prove negligence. No carrier must pay for losses that occur beyond their control. International law limits the liability of ocean carriers to $500 per package and the liability of air carriers to $9.07 per pound. Truckers and warehousemen also limit their liability for loss according to their tariff.

“Nothing could ever happen to my goods”

We agree that your goods may be less susceptible to loss than others, but you still have the risk of catastrophic loss and loss due to General Average. Studies reveal that on average one ship sinks every day and that a shipper will experience at least one General Average loss every 8 years. If you do not have insurance and you are exposed to General Average, you will be required to post a cash guarantee before your cargo is released. In a General Average loss, if cargo and/or part of the ship were sacrificed to save the voyage, then you as a cargo owner would be required to pay a proportional part of the loss even if your cargo was not harmed. Acts of God at sea and in the air make your goods vulnerable.

“I’ve never had a loss”

Approximately 30% of losses in transit are unavoidable. Most people have never made a claim against their homeowner’s policy, but continue to insure their homes. The risks in transit are far greater. Insurance companies can predict that you eventually will have a loss due to the extreme rigors of transit, such as long voyages, extensive lifting, thieves, moving, shifting, loading, bad weather and piracy. You have been extremely lucky! Unlike most insurance policies, cargo insurance policies are expected to generate regular losses.

“It’s too expensive”

Let’s look at your volume and claims records to see if we can get you a special quotation. We can have your cargo insurance specialists conduct a professional assessment of your current cargo policy and check for coverage adequacy. For example, do you have coverage for Concealed Damage or Unexplained Shortages from Containers in your policy?

“I buy CIF or I sell CFR”

What is the name of the insurance company insuring your goods? What coverage are you buying? Are claims paid in the United States in U.S. dollars? With whom and where do you file a claim if there is loss or damage? A major difficult with buying CIF is that the importer can obtain coverage and settle claims only under the terms of some overseas insurance company, and foreign insuring conditions can vary widely from U.S. terms. When an importer buys locally he knows exactly what he is getting and has the full support of our company. Also, the cost of insurance purchased overseas is often buried in with other charges. Are you sure the rate you are actually paying is less than our rate? If you sell CFR, you still have the inland transit to the load port to insure. Losses frequently occur while in transit to and while at the port/airport.

“We already have cargo insurance through our corporate program”

Please introduce us to your Insurance or Risk Manager. We should be able to provide your manager with a thorough review of your policy and provide recommendations on special insurance clauses, rates and loss control. Any improvement or other success will be associated with your introduction.

Benchmark can help take your business to new heights by helping you expand into the international markets, bringing your products consistently to existing and new clients. Just call, e-mail, or start a LIVE CHAT now

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