When damage is noticed, first photograph the cargo and packaging, take measures to stop the loss from growing, and enter a written reservation with the carrier at delivery. Notify the insurer without delay and keep the goods until the surveyor's inspection. Claim compensation with the policy, invoice, transport document and reports; after payment, the insurer takes recourse against the carrier.
What should be done in the first hours after damage is found?
The strength of a claim file depends on the evidence gathered the moment the damage is first seen. The order of steps at the point of delivery is as follows:
- Recording: Before unloading starts, photograph the vehicle registration, trailer or container number, seal number and seal condition, the stowage pattern and any crushed or wet packaging.
- Delivery with reservation: Do not refuse the goods; accept delivery after writing the nature of the damage on the delivery note and the CMR. Get the driver's signature; if the driver refuses to sign, note that as well.
- Limiting the loss: Take measures such as separating wet cartons or moving cold-chain products to suitable storage. The General Conditions of Cargo Transport Insurance (Emtea Nakliyat Sigortası Genel Şartları) oblige the insured to take preservation and salvage measures.
- Keeping the goods: Do not discard, repair or sell the damaged goods and packaging until the surveyor has seen them.
Within what time limits must the carrier be notified?
Failure to notify the carrier in time creates a presumption that the goods were delivered in good condition and weakens the insurer's later recourse.
| Mode of transport | Apparent damage | Non-apparent damage | Delay |
|---|---|---|---|
| International road (CMR Art. 30) | At delivery | Within 7 days of delivery (excluding Sundays and public holidays) | In writing within 21 days |
| Domestic road (Turkish Commercial Code Art. 889) | At delivery | Within 7 days of delivery | 21 days |
| Sea (Turkish Commercial Code Art. 1185) | In writing at delivery | Within 3 days of delivery | Subject to separate rules |
When writing a CMR damage notice and reservation for road transport, describe the damage not in general terms but with package numbers, quantities and the type of damage.
How do notification to the insurer and the survey work?
Under Article 1446 of the Turkish Commercial Code (Türk Ticaret Kanunu), the policyholder must notify the insurer without delay on learning that the insured event has occurred. If notification is not made, or is made late, and the loss grows as a result, the compensation is reduced according to the degree of fault. The insurer or its agent appoints a surveyor; the General Conditions of Cargo Transport Insurance provide that partial damage must be assessed within 15 days after discharge and in any case before the goods are delivered to the consignee. The surveyor records the cause and extent of the damage and the salvage value in a report; having the insured or a representative present during the cargo damage survey allows the findings to be discussed on the spot.
Which documents are required for a claim?
- Policy or voyage insurance certificate
- Commercial invoice and packing list
- CMR, bill of lading or other transport document
- Delivery note with reservations, damage report and photographs
- Notice sent to the carrier and any reply
- Survey report and repair, salvage or destruction documents
- For imports, the customs declaration; if duties are included in the claim, proof of duty payment
How is compensation paid and how does recourse work?
Under Article 1427 of the Turkish Commercial Code, compensation becomes due once the documents have been submitted to the insurer and the investigation is complete, and in any case 45 days after notification. The policy deductible is subtracted. The insurer is subrogated to the insured's rights to the extent of the amount paid (Turkish Commercial Code Art. 1472) and claims against the carrier or the carrier's liability insurer. Because the carrier's liability under CMR is limited to 8.33 SDR per kilogram of gross weight, the full amount paid to the insured may not be recoverable. This gap is the practical consequence of the difference between CMR insurance and cargo insurance. If the insured fails to take steps to preserve rights against the carrier, they may be held liable for the resulting loss.
Common mistakes
- Signing the CMR clean because the driver is in a hurry.
- Scrapping damaged goods or repairing them in-house before the surveyor arrives.
- Notifying only by phone and leaving no written record.
- Insuring for less than the invoice value and facing a proportional reduction for underinsurance.
How does Voltim Global support this?
When damage occurs on shipments it organises, Voltim Global gathers the seal details, photographs and driver statements on the same day and coordinates the notice to the carrier and the surveyor appointment. The policy side is handled together with the logistics insurance service.