Transport & Cargo Insurance Claims

How to claim on a transport or cargo policy in Spain

A cargo claim is different from every other insurance claim we handle, because two separate clocks start running the moment the goods arrive: the deadline to notify your insurer, and the much shorter deadline to put the carrier on notice. Miss the second one and the recovery against the haulier, airline or shipping line is usually lost — even where the policy still pays. The steps below are in the order that protects both.

1. Record the damage before you sign for the goods

This is the single most valuable thing you can do. If a pallet is crushed, a seal is broken, a container is short or a reefer has run warm, write the reservation on the consignment note or delivery receipt at the point of delivery, in specific terms — “2 pallets water-stained, outer cartons collapsed”, not “damaged”. Have the driver sign it. Photograph the load in position on the vehicle before it is unloaded, then the packaging, then the goods. A clean signed delivery note is the carrier’s best defence and it is very hard to argue around afterwards.

2. Put the carrier on notice within the legal deadline

Which deadline applies depends on the mode of transport and the contract, not on your policy. These are the usual ones:

• International road (CMR): reservations at delivery for visible loss or damage; 7 days from delivery (Sundays and public holidays excluded) for hidden damage; 21 days for delay. Court action is time-barred after 1 year (3 years for wilful misconduct).
• Spanish domestic road (Ley 15/2009): reservations at delivery for visible damage; 7 calendar days for hidden damage; 21 days for delay. Actions prescribe after 1 year.
• Air (Montreal Convention): written complaint within 14 days of receipt for damage and 21 days for delay. Actions must be brought within 2 years.
• Sea (Hague–Visby / Ley 14/2014): notice at the time of removal, or within 3 days if the damage was not apparent. Suit time bar is 1 year.

Send the notice in writing, keep proof of sending, and copy us in. If you are not sure which regime governs your consignment, send us the transport document and we will tell you which clock you are on.

3. Notify Generali

Report the loss as soon as you have the delivery paperwork — in Spain the standard notification window under the Insurance Contract Act (Ley 50/1980) is 7 days unless your policy allows longer. Use the 24-hour claims line or MI GENERALI above, or call us and we will open the file and run it for you in English. Have the policy number, the transport document, the commercial invoice and a short description of what happened.

4. The surveyor

For anything beyond a minor amount, a surveyor (perito) is appointed to inspect the consignment, establish the cause and agree the quantum. Do not dispose of the damaged goods or the packaging until they have been seen — packaging is often what proves whether the loss was handling, stowage or inherent vice. Keep the goods in the condition and place they arrived in where you safely can, and store any temperature or shock-logger data from the container.

Documents you will usually need

• Policy number and the date of loss
• The transport document — CMR note, air waybill, bill of lading or multimodal document — with your reservations on it
• Commercial invoice and packing list for the consignment
• Photographs of the load, the packaging and the goods
• The written notice sent to the carrier, plus proof of sending
• Survey report, repair or replacement quotes, and any salvage valuation
• Police denuncia where the goods were stolen or the vehicle was broken into

Delay, temperature and inherent vice

Standard cargo cover responds to physical loss or damage. Pure financial loss from delay, ordinary leakage or wastage, inadequate packing and inherent vice are normally excluded, and temperature-controlled goods usually need the specific reefer clause rather than the basic wording. If your trade routinely involves any of these, tell us — it is a cover question we would rather answer before the claim than during it.

Read the policy conditions (English)