CMR insurance is a liability insurance that protects a carrier performing international road transport against its legal liability under the CMR Convention. It pays the compensation for loss, damage and delay for which the carrier is liable, within the Convention's limit of 8.33 SDR per kilogram of gross weight. It insures the carrier's obligation to pay, not the cargo itself.
What does CMR insurance protect?
The CMR Convention (Geneva, 19 May 1956) applies to road carriage for reward where the place of loading and the place of delivery are in two different countries, at least one of which is a party to the Convention. Türkiye acceded to the Convention by Law No. 3939. The Convention holds the carrier liable for loss of and damage to the goods while in its charge, and for delay in delivery. CMR insurance covers the compensation the carrier has to pay the cargo owner because of this liability. The Convention does not apply to domestic transport.
What falls within the cover?
- Loss and damage: Losses for which the carrier is held liable in events such as accidents, overturning, fire or theft.
- Delay: Under the Convention, compensation for delay may not exceed the amount of the freight charge.
- Carriage-related charges: Refund of the freight, customs duties and other charges incurred in respect of the carriage, under Article 23 of the CMR.
- Legal defence: Depending on the policy, lawyer and surveyor costs against unjustified claims made against the carrier.
How is compensation limited?
Under Article 23 of the CMR, compensation is limited to 8.33 SDR (Special Drawing Rights) per kilogram of gross weight of the missing or damaged part. The IMF publishes the value of the SDR every day. Example: for a 20-tonne load the upper limit is 166,600 SDR. For heavy but low-value cargo this amount may be enough; for 2 tonnes of electronic equipment, however, the limit stays at 16,660 SDR and may be far below the value of the goods. How the limit is calculated is explained with examples in the entry on the 8.33 SDR limit.
In the case of wilful misconduct by the carrier or default considered equivalent to wilful misconduct (CMR Art. 29), the limit does not apply; however, policies also generally exclude intentional conduct from cover.
What is excluded?
Article 17 of the CMR relieves the carrier of liability in certain cases: deterioration arising from the inherent nature of the goods, defective packing or loading by the sender, fault of the claimant, and circumstances the carrier could not avoid. If the carrier is not liable, the insurance does not pay either. Policies also commonly contain the following exclusions:
- Theft from an unattended vehicle or failure to follow secure parking rules
- Cargo groups listed separately in the policy, such as valuables, alcohol and cigarettes
- Carriage involving sanctioned countries or parties
Policy limits differ from insurer to insurer; the special conditions page must always be read.
Who takes it out, and what does it give the cargo owner?
The policy is taken out by the carrier or by the organiser that undertakes the carriage in its own name; the insured party is the carrier. For the cargo owner, this insurance makes it possible to collect compensation regardless of the carrier's ability to pay. However, compensation is paid only where the carrier is liable and only within the limit. A sender or consignee who wants to protect the full value of the goods should also take out cargo insurance.
| Criterion | CMR insurance | Cargo (transit) insurance |
|---|---|---|
| Insured party | Carrier | Cargo owner |
| Condition for payment | Carrier's legal liability | Damage within the scope of cover |
| Amount | Limited to 8.33 SDR per kg | Up to the sum insured |
All the differences are covered in the entry on the difference between CMR insurance and cargo insurance.
Common mistakes
- Not recording damage as a reservation on the CMR consignment note at delivery; for visible damage, notice must be given at delivery.
- Missing the one-year limitation period (CMR Art. 32; three years in case of wilful misconduct).
- Assuming that a CMR policy is valid for domestic transport.
How does Voltim Global help with this?
For CMR insurance and logistics insurance, Voltim Global calculates before shipment whether the CMR limit is sufficient for the value of the cargo and, if necessary, recommends cargo insurance. As a licensed freight forwarder (Taşıma İşleri Organizatörü), it also follows up the notification and documentation process in a claim file.
Frequently Asked Questions
Is CMR insurance mandatory?
Is CMR insurance valid for a truck carried on a RoRo vessel?
Sources
- UNECE – Convention on the Contract for the International Carriage of Goods by Road (CMR)
- TBMM – Law No. 3939: Eşyaların Karayolundan Uluslararası Nakliyatı İçin Mukavele Sözleşmesi (CMR)