Cargo damage or loss during international shipping from China is uncommon but can happen. Having assisted clients through numerous insurance and carrier claims at Bofeng Logistics, we know that the difference between a successful claim and a rejected one often comes down to how the first 24 hours after damage discovery are handled.
This guide explains the complete freight claim process for shipments from China: documenting damage, filing against carriers and insurers, and avoiding common mistakes.
Understanding Your Rights: Carrier vs Insurer Claims
When cargo arrives damaged, you have two potential routes for recovery:
| Route | Claim Against | Basis | Recovery |
| Carrier claim | The shipping line or trucking company | Their liability under the bill of lading (limited by maritime law) | Typically limited: USD 500–2,000 per container |
| Insurance claim | Your cargo insurance provider | Your insurance policy coverage | Full insured value (up to policy limit) |
Key insight: For most shipments, an insurance claim offers better recovery than a carrier claim because carrier liability limits are far below the actual cargo value. Under the Hague-Visby Rules (applicable to most China-US/Europe shipments), carrier liability is limited to approximately USD 880 per package or USD 2.50 per kg of gross weight — whichever is higher. For a 20GP container with 10,000 kg of cargo valued at USD 100,000, the carrier's maximum liability would be approximately USD 25,000 (based on weight), leaving a USD 75,000 shortfall. This is why cargo insurance is strongly recommended.
Time bars: Critical deadlines
Cargo claims have strict time limits that vary by jurisdiction and the basis of the claim:
| Claim Type | Time Bar (Deadline) | Governing Law |
| Carrier claim (Hague-Visby Rules) | 1 year from delivery date (or date when delivery should have occurred) | Hague-Visby Rules Article III Rule 6 |
| Carrier claim (Chinese Maritime Code) | 1 year from delivery date | Chinese Maritime Code Article 257 |
| Carrier claim (US COGSA) | 1 year from delivery date | US Carriage of Goods by Sea Act |
| Insurance claim (PICC / Ping An) | 2 years from date of loss | Chinese Insurance Law |
| Insurance claim (ICC Institute Clauses) | 2 years from date of loss | Marine Insurance Act 1906 |
| General average contribution | 1 year from GA adjustment publication | York-Antwerp Rules |
Critical warning: Missing the 1-year carrier claim deadline means your right to sue the carrier is permanently extinguished — no extensions are possible under maritime law. Insurance claims have longer limits, but most policies require notification within 7-14 days of delivery, which is much shorter than the legal time bar.
Step-by-Step Freight Claim Process
Step 1: Document the Damage Immediately
When cargo arrives with visible damage:
- Photograph everything — wide shots of the container, close-ups of damage, the seal number
- Record video — walk around the container before opening if possible
- Note damage on delivery documents — have the driver or terminal sign the delivery receipt with damage notation
- Inspect container condition — note any dents, punctures, water marks, or seal tampering
Step 2: Notify All Parties
| Party | Notification Deadline | Method |
| Carrier (shipping line) | Within 3–7 days of delivery | Written notice via email |
| Insurance provider | Within 7–14 days (per policy terms) | Formal claim notification |
| Your freight forwarder | Immediately | Email or phone |
Step 3: Preserve Evidence
Do not dispose of damaged cargo or packaging until the claim is resolved. Keep:
- The damaged goods and all packaging materials
- The container (if still available)
- All labels and markings
- Samples of undamaged goods for comparison
Step 4: Appoint a Surveyor (for major claims)
For significant damage (over USD 5,000), the insurance company will appoint a surveyor to:
- Inspect the damaged cargo
- Assess the cause and extent of damage
- Prepare a survey report quantifying the loss
Note: The surveyor is paid by the insurance company, but if you disagree with their assessment, you can request a second survey at your own expense.
Step 5: File the Formal Claim
Submit all documentation to the insurance provider or carrier:
Required documents:
- [ ] Claim letter (stating the amount claimed and basis)
- [ ] Original insurance certificate or policy
- [ ] Original bill of lading
- [ ] Commercial invoice and packing list
- [ ] Delivery receipt with damage notation
- [ ] Photographs and video evidence
- [ ] Survey report (if applicable)
- [ ] Correspondence with carrier regarding the damage
Step 6: Follow Up and Settlement
| Stage | Typical Timeline |
| Claim acknowledged | 3–5 business days |
| Survey completed | 5–15 business days |
| Claim decision | 2–6 weeks |
| Payment received | 2–4 weeks after decision |
Common Reasons Claims Are Rejected
| Rejection Reason | How to Avoid |
| Late notification | Report damage immediately — most policies require notification within 7–14 days |
| Inadequate packaging | Ensure packaging meets export standards; document packaging before shipment |
| Pre-existing damage | Inspect containers before loading; take photos of loading process |
| Inherent vice | Know your policy exclusions (e.g., normal spoilage for perishable goods) |
| Insufficient documentation | Keep all shipping documents organized and accessible |
| No damage notation on delivery receipt | Always inspect cargo before signing delivery receipt |
Claim Types: Full Loss vs Partial Loss vs Damage
The claim process varies depending on the type and extent of loss:
| Claim Type | Description | Recovery Basis | Documentation Required |
| Total loss (全部损失) | Entire shipment lost (vessel sinking, container overboard) | Full insured value (100%) | Bill of lading + commercial invoice + carrier's loss confirmation |
| Partial physical loss (部分损失) | Part of the cargo missing on delivery | Pro-rata of insured value based on missing quantity | Packing list + delivery receipt with shortage notation + tally sheet |
| Damage (损坏) | Cargo arrived but damaged | Cost of repair or % of value reduction (assessed by surveyor) | Survey report + photos + repair estimate |
| General average (共同海损) | Cargo sacrificed to save the vessel | You pay a % of cargo value; your insurer covers it | General average adjustment statement from the carrier |
What NOT to do when cargo damage is discovered:
- Do not sign a "clean on board" or "clean delivery" receipt if there is visible damage — always note discrepancies
- Do not dispose of damaged cargo until the surveyor has inspected it — this invalidates your claim
- Do not accept carrier settlement offers without consulting your insurance provider — carrier liability is limited; the shortfall should be claimed from insurance
- Do not delay — most policies require written notification within 7-14 days of delivery
Claims Checklist for Importers
Before shipment:
- [ ] Purchase cargo insurance (ICC(A) recommended)
- [ ] Photograph cargo before loading
- [ ] Ensure proper export-grade packaging
- [ ] Keep copies of all shipping documents
At delivery:
- [ ] Inspect container condition before opening
- [ ] Photograph seal number and container condition
- [ ] Note any damage on delivery receipt
- [ ] Photograph cargo condition when opening
After damage discovered:
- [ ] Notify carrier and insurer within 24 hours
- [ ] Preserve all evidence (cargo, packaging, container)
- [ ] Document everything with photos and notes
- [ ] File formal claim within policy deadline
FAQ
Q: How much can I claim from the carrier for damaged cargo?
A: Carrier liability is limited by international maritime law (Hague Rules / Hague-Visby Rules). Typically USD 500–2,000 per container or package — far less than most cargo values.
Q: How long does a cargo insurance claim take?
A: Simple claims (under USD 5,000) are typically settled within 2–4 weeks. Complex claims requiring survey and investigation may take 6–12 weeks.
Q: Does insurance cover cargo that is simply "lost" (not damaged)?
A: Yes — total loss is covered under cargo insurance (ICC(A) and ICC(B) policies).
Q: Can I claim for both cargo damage AND shipping delay?
A: Standard cargo insurance covers physical loss or damage, not delay-related losses (e.g., loss of market, production downtime). "Loss of use" or "consequential loss" requires special coverage.
Q: Who pays for the survey in a cargo claim?
A: The insurance company appoints and pays for the surveyor. If you request a second opinion, you pay for the additional survey.
Need help with a freight claim from China? Bofeng Logistics provides claims assistance and cargo insurance services. Contact our team for support.
Bofeng Logistics
Phone/WhatsApp: 13075678958
Email: info@zhbfwl.com
Contact us for a personalized shipping solution.
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