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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:

RouteClaim AgainstBasisRecovery
Carrier claimThe shipping line or trucking companyTheir liability under the bill of lading (limited by maritime law)Typically limited: USD 500–2,000 per container
Insurance claimYour cargo insurance providerYour insurance policy coverageFull 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 TypeTime 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 dateChinese Maritime Code Article 257
Carrier claim (US COGSA)1 year from delivery dateUS Carriage of Goods by Sea Act
Insurance claim (PICC / Ping An)2 years from date of lossChinese Insurance Law
Insurance claim (ICC Institute Clauses)2 years from date of lossMarine Insurance Act 1906
General average contribution1 year from GA adjustment publicationYork-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

PartyNotification DeadlineMethod
Carrier (shipping line)Within 3–7 days of deliveryWritten notice via email
Insurance providerWithin 7–14 days (per policy terms)Formal claim notification
Your freight forwarderImmediatelyEmail 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

StageTypical Timeline
Claim acknowledged3–5 business days
Survey completed5–15 business days
Claim decision2–6 weeks
Payment received2–4 weeks after decision

Common Reasons Claims Are Rejected

Rejection ReasonHow to Avoid
Late notificationReport damage immediately — most policies require notification within 7–14 days
Inadequate packagingEnsure packaging meets export standards; document packaging before shipment
Pre-existing damageInspect containers before loading; take photos of loading process
Inherent viceKnow your policy exclusions (e.g., normal spoilage for perishable goods)
Insufficient documentationKeep all shipping documents organized and accessible
No damage notation on delivery receiptAlways 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 TypeDescriptionRecovery BasisDocumentation 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 deliveryPro-rata of insured value based on missing quantityPacking list + delivery receipt with shortage notation + tally sheet
Damage (损坏)Cargo arrived but damagedCost 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 vesselYou pay a % of cargo value; your insurer covers itGeneral 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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