Cargo damage claim: what to do during the first 48 hours

Last reviewed: 16 August 2026

If goods arrive damaged, wet, contaminated, short or fail to arrive, act from the first moment: protect people and the cargo, enter written reservations against the carrier, record the condition of the goods and notify your broker or insurer immediately. Do not wait until every document is available, and do not discard packaging or remains before obtaining instructions.

The first 48 hours are a critical operational window, not a universal legal deadline. Time limits vary with the mode of transport, contract, applicable law and policy.

Quick answer: seven essential actions

1. Prevent injury and further loss without unnecessarily disturbing the evidence.

2. Record specific reservations before signing the delivery receipt or proof of delivery.

3. Photograph and film the exterior, interior, packaging, seals and goods.

4. Notify the broker or insurer and the carrier in writing on the same day.

5. Segregate and retain damaged goods, packaging and available records.

6. Ask whether a cargo surveyor should attend before goods are moved, repaired or disposed of.

7. Open two coordinated files: the insurance claim and the preservation of rights against the carrier and other responsible parties.

Practical timeline for the first 48 hours

Time	Priority action	Record to retain
First 2 hours	Safety, loss containment, delivery reservations and photographs	Reserved delivery receipt, images, videos and names of those involved
2 to 6 hours	Written notice to broker/insurer, carrier and, where relevant, freight forwarder	Sent emails, acknowledgements and initial claim reference
6 to 24 hours	Segregate cargo; preserve packaging, seals and records; collect documents	Provisional inventory and evidence custody record
24 to 48 hours	Coordinate a survey, make a provisional estimate and implement authorised salvage measures	Instructions, survey appointment, quotation or mitigation plan

Adapt the sequence where there is danger to people, dangerous goods, pollution, fire, cold-chain cargo or an authority's instruction.

Before signing for delivery: do not give a clean receipt when damage is visible

Describe what you can actually see. Generic wording such as “subject to inspection” may be inadequate when apparent damage already exists. A useful reservation identifies, where possible:

• the number of missing or affected packages;

• torn, wet, punctured or deformed packaging;

• a missing, broken or mismatched seal;

• observed temperature and data-logger alarm;

• tilting, impact, leakage, odour or contamination;

• the fact that the internal extent remains unknown pending inspection.

Illustrative wording: “Four of ten pallets received with wet and deformed packaging; internal extent pending joint inspection. All rights expressly reserved.”

Do not sign on behalf of the driver or alter a document after signature. If the electronic system does not permit a detailed reservation, send it immediately by email and retain proof of dispatch.

Photographs and evidence to obtain

Record the full sequence rather than only a close-up:

• vehicle, container or loading unit and its identification;

• doors before opening and condition of the seal;

• stowage, securing and internal distribution;

• package labels and shipping marks;

• overview and detail of each type of damage;

• moisture, water, ice, rust, leakage or contamination;

• temperature logger, humidity logger or shock indicator;

• package count and available weights;

• discharge process and measures taken to prevent deterioration.

Keep the original files, including dates and metadata where possible. Do not edit the only copies.

Notifying insurers and claiming against the carrier are different steps

Notice to insurers opens the coverage file. A protest or reservation against the carrier protects a potential liability claim and the insurer's subrogation rights. One communication does not necessarily replace the other.

The initial insurance notice can be short. Include:

• policy or certificate number, if available;

• insured and contact person;

• goods, approximate value and invoice;

• origin, destination and mode of transport;

• discovery date and current cargo location;

• nature and provisional extent of damage or shortage;

• urgent measures already taken;

• carrier, forwarder and consignee details;

• photographs and transport document bearing reservations.

Under Article 426 of Spain's Maritime Navigation Act 14/2014, the assured or policyholder must notify the insurer or named average agent within seven days of learning of a marine casualty. Policy instructions may be more specific, and notice should normally be given much sooner. Article 427 requires reasonable measures to save or recover the insured property and to avert or minimise loss.

When does a cargo surveyor or loss adjuster attend?

Not every claim requires a physical visit. The insurer, claims agent or broker will assess whether documents are sufficient or a specialist cargo survey is appropriate.

A survey is particularly relevant where there is:

• a high-value loss or disputed cause;

• seawater or freshwater damage, fire, contamination or rust;

• refrigerated cargo or a temperature excursion;

• machinery, technical goods or high-value property;

• possible repair, reconditioning, depreciation or salvage;

• a need to destroy, sell or urgently dispose of goods;

• a major shortage, weight discrepancy or possible interference;

• potential liability involving several carriers or terminals.

The surveyor records the nature, extent and possible cause, considers mitigation and may request further evidence. Appointment of a surveyor does not itself confirm coverage or determine the final indemnity.

Do not commission an expensive survey without checking who should appoint the surveyor and bear the cost. For perishables or deteriorating goods, explain the urgency and request written instructions. If waiting is impossible, take reasonable protective action, record why it was necessary and retain invoices and samples where safe and lawful.

Documents needed to support the claim

• policy or insurance certificate;

• commercial invoice and packing list;

• bill of lading, CMR consignment note, air waybill or multimodal document;

• reserved delivery note or proof of delivery;

• written claim or protest to the carrier and acknowledgement;

• original photographs and videos;

• survey report, joint inspection record or damage certificate;

• temperature, humidity, shock or location records;

• freight, customs and other insured cost documents;

• repair, sorting or reconditioning quotation;

• salvage inventory and authorised sale or destruction evidence;

• correspondence with carriers, forwarders, terminals and authorities.

Do not delay notification until the file is complete. Give the first notice and add documents in an orderly way.

Protest time limits depend on the transport mode

This table is a guide to common operations involving Spain and Europe. The contract, route and governing law may change the position.

Transport	Apparent damage	Concealed damage	Delay
Sea carriage governed by Spanish Act 14/2014	Written notice by the next working day after delivery	Three working days after delivery	Ten working days after delivery
International road carriage governed by CMR	Reservation at delivery	Written reservation within seven days, excluding Sundays and public holidays	Written reservation within 21 days
International air carriage governed by the Montreal Convention	Complaint immediately after discovery and no later than 14 days for cargo	Same maximum of 14 days from receipt	21 days from the date cargo was placed at the consignee's disposal

Article 285 of the Maritime Navigation Act governs the Spanish sea-carriage notices. Article 30 of the official CMR Convention and Article 31 of the Montreal Convention) govern the other examples.

Do not use the table as a reason to wait. Reserve rights immediately and maintain a separate diary for limitation and time-bar periods.

Preserving insurers' rights

Institute Cargo Clauses dated 1/1/2009 require the assured and their employees and agents to take reasonable measures to avert or minimise loss and to ensure that rights against carriers, bailees or other third parties are properly preserved and exercised. Always confirm the edition and clauses incorporated into the policy in the IUA's official clauses repository.

In practice:

• do not grant releases or accept a final settlement without coordination;

• do not allow a time limit to expire while coverage is being discussed;

• notify the carrier even if it alleges an external cause;

• retain remains, packaging, samples and recoverable goods;

• record reasonable mitigation costs;

• report any proposed salvage sale or destruction.

Mistakes that weaken a cargo claim

• signing a clean receipt despite apparent damage;

• making telephone calls without written confirmation;

• disposing of goods or packaging before documenting them;

• repairing or reconditioning without offering a reasonable inspection opportunity;

• confusing the carrier's liability insurance with the cargo owner's insurance;

• claiming only the sales price without proving the insured value;

• delaying urgent mitigation while waiting for a surveyor;

• allowing the carrier to close the claim without consulting insurers;

• losing temperature or seal records;

• assuming the Incoterm alone decides who may claim.

What happens after the first 48 hours?

The file continues with investigation of cause, extent, coverage, insured value, deductible and possible recovery against third parties. Article 437 of the Spanish Maritime Navigation Act provides for the insurer to accept or reject a marine claim after receiving proof of the damage and its causes, although a survey investigation or outstanding documents may lengthen the process.

Maintain a document index, communications log and time-limit diary. An orderly claim file assists both the coverage decision and subsequent recovery.

Frequently asked questions

Are the first 48 hours a legal notification deadline?

Not universally. They are a practical window for protecting cargo and evidence. Legal and contractual periods vary; some run from delivery and others from knowledge of the casualty.

Must damaged cargo always be rejected?

No. Refusal without instructions may increase loss or cost. Accept with reservations where appropriate, preserve the goods and coordinate with insurers, seller and carrier.

May perishable or contaminated goods be destroyed?

Only when required for safety, health or to prevent greater loss. Where possible, obtain instructions, photographs, samples, a joint record or survey, and retain the destruction order and evidence.

Who appoints the surveyor?

Usually the insurer or its claims agent under the policy. A joint survey with the carrier may sometimes be arranged. Check before appointing one independently.

Does a survey mean the insurer will pay?

No. A survey establishes facts and measures loss. Coverage depends on policy wording, cause, exclusions, insured interest and other terms.

Can the cargo owner claim against insurers and the carrier?

Yes. These are coordinated and common routes, but there can be no double recovery for the same loss. Once it pays, the insurer may exercise subrogated rights against a responsible party.

Cargo insurance and claims assistance

An effective policy should address not only insured perils but also a clear international notification, survey and claims process. Review Nautilux's marine cargo insurance or contact our marine claims team.

This article provides general information and does not replace analysis of the policy, carriage contract, Incoterm, route and law applicable to a particular loss.