Refusal to pay compensation under an OCP policy is a common problem, often stemming from strict contractual exclusions (e.g., parking in an unmonitored area, improper cargo securing). First, secure evidence of the damage, transport documents, and correspondence, then review the OCP policy terms and the reasons for refusal.

Next, submit an appeal to the insurer. If the appeal is rejected, the case can be referred to court to claim the owed compensation.

Payment bottlenecks in the TSL industry can quickly push a transport company into liquidity issues. Actions begin with verifying the documents and due dates, followed by issuing a formal demand for payment. I

f payment is still not made, a lawsuit is filed; in cross-border cases, an European Order for Payment can be utilized once the necessary criteria are met. Acting swiftly is crucial, as transport claims are subject to short limitation periods.

The right of lien on transported goods is a powerful, yet high-risk tool. A carrier or freight forwarder may hold a right of lien, but not in every scenario. It must be determined which contract the unpaid debts arise from, which governing law applies, and whether the carrier or freight forwarder still has physical possession or control of the shipment through documents.

The CMR Convention does not regulate the right of lien, making it necessary to establish the applicable law in international transport. Unlawful detention of cargo can lead to severe damage liability.

A freight forwarder organizes transport and is liable for the proper performance of their own obligations. They are liable for sub-carriers and secondary forwarders unless they were not at fault in their selection. Conversely, a carrier commits to executing the transport itself and is liable for the shipment from acceptance until delivery.

The classification of the contract depends on the actual scope of assumed duties, not its title. If an entity labeled as a forwarder actually committed to executing the transport, it may be liable as a carrier – even if it subcontracted the physical transport. This distinction is vital in damage claims because it dictates the grounds and scope of liability, compensation caps, and limitation periods. It can also determine whether the damage is covered under Forwarder’s Liability Insurance (OCS) or Carrier’s Liability Insurance (OCP).

No. The scope of liability depends primarily on whether the transport is subject to the CMR Convention or Polish Transport Law.

In international transport, the entitled party must prove damage resulting from the delay and submit a written reservation within 21 days of the goods being placed at the recipient’s disposal. As a rule, compensation cannot exceed the amount of the freight charges.

In domestic transport, compensation for damage other than damage to the shipment itself can be up to twice the amount of the freight charges. The carrier can be released from liability by demonstrating statutory exoneration grounds under the applicable regulations. Analyzing the root causes of the delay, transport documentation, and the actual extent of damage determines whether the recipient’s claim has legal merit.