Krovinių Draudimas

Straipsnyje

Cargo Insurance

We would like to pay your attention that, logistics operations are regulated by law as any other type business. The difference is that neither local law now agreements between contracting parties have any legally binding authority when it comes to liability. Any transport order that involves international route (loading and unloading done in different countries) is subject to 1956 Geneva CMR convention The article no. 40 says that CMR convention goes above local laws or any other agreements/contracts: “any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void”( https://www.jus.uio.no/lm/un.cmr.road.carriage.contract.convention.1956.amended.protocol.1978/).

  1. It should be noted, that CMR convention establishes liability limit of any transport company. The article no. 23.1 says “When, under the provisions of this Convention, a carrier is liable for compensation <..> Compensation shall not, however, exceed 8.33 units of account per kilogram of gross weight short”. The 8.33 SDR/kg is approximately about 9-10 EUR/kg (Exact exchange rate https://www.imf.org/external/np/fin/data/rms_sdrv.aspx ). That mean that any logistics company will be obliged legally to compensate ~14.000 – 15.000 Euro for vehicle with a gross weight of 1,5 tons.
  2. You should also be warned that CMR convention article 17.4.a exempts logistics company from liability due to act of god/force majeure when open trailers are being used (which is a common business practice): “the carrier shall be relieved of liability when the loss or damage arises from the special risks inherent in one more of the following circumstances: Use of open unsheeted vehicles, when their use has been expressly agreed and specified in the consignment note”. This means that any transport company will not be liable to compensate any loss for hailstorm (that is common in July – August months in Europe) or any other kind of storm.
  3. In addition to that, you should be warned that any loss or damage will be compensated by logistics company only when their/drivers liability will be established. If the loss has been caused due to “circumstances which the carrier could not avoid and the consequences of which he was unable to prevent“ (as said in convention article no. 17.2) then no indemnification will be made. That involves road accidents which have been not caused by driver transporting your cars

If you would like to include all above risks and in case of unfortunate accident receive full indemnification then we would advise to purchase additional cargo insurance from you carrier that would have no weigh limit on compensation and no major exclusions. 

Insured Risks

In case you will decide to purchase additional cargo insurance, your automobile would be covered using ICC (A) 01/01/09:

  • Fire and explosion;
  • Road accident or truck going off the road;
  • Malicious activity of other parties;
  • Theft or any attempt to steal your car while parked and on the road;
  • Improper loading or securing of your automobile;
  • Malfunction of trailer platform;
  • Explosion of truck`s/trailer`s tyre and consequential damage to your car;
  • Any collision with bridge or other construction;
  • Other risks;

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