If the cargo is damaged by employees of the company providing transportation services, a pre-trial claim should be sent to the name of the head of this organization. In the absence of an answer or refusal to voluntarily satisfy the requirements, you must go to court.
Situations in which items are spoiled by loaders while providing transportation services are quite common. For such cases, civil law establishes a clear procedure for action, which should be followed when interacting with a transport company. First of all, the customer of the service must send a claim to the name of the head of this company, in which the specific circumstances accompanying the damage to the cargo should be stated, refer to the details of the concluded contract, and demand compensation for damage. It should be borne in mind that filing a claim in this case is a mandatory step, since an immediate appeal to the court will not lead to a positive result (the applicant will be refused to accept the claim due to non-compliance with the pre-trial procedure for resolving the dispute).
What can the customer require for the transportation service?
If a specific item was damaged during transportation by loaders, then the customer may demand compensation for the amount by which the value of this item decreased as a result of the damage. If a dispute arises about the degree of decrease in the value of the item, the specific value is determined as a result of the examination. In addition, the customer may demand reimbursement of the cost of rendering the transportation service, since the service itself was provided poorly. In addition to the mentioned amounts, the customer may collect a penalty for the delay in returning the cost of the service rendered, damage caused.
What should be done if a claim is denied?
If the carrier refuses to voluntarily satisfy the requirements set out in the claim or does not send a response to the customer of the service, then a statement of claim should be sent to the court. In the application, it is necessary to state the circumstances of causing property damage, to demand compensation for the amount by which the price of the cargo has decreased, the cost of the service provided, and the payment of the penalty. The main evidence in court proceedings in such cases is usually the act, which records the circumstances of the incident. It is recommended to draw up such an act immediately after the discovery of damage, to involve the employees of the carrier company in its drawing up. In addition, the results of the examination, testimony of witnesses, and other evidence can be used to substantiate your own claims.
