Carrier liability

Transport of goods in road traffic is performed by various modes of transport, in different ways and on different distances; hence, there exists a possibility that the carrier (haulier), despite the attention of a good host, incurs damage to the goods he accepted for transport. The fact that the goods (items) are covered by insurance does not exempt the carrier and other persons responsible for the damage from their liability to indemnify the caused damage.

Depending on the type of vehicle, routes and regulations based on which the professional activity of the carrier is regulated, there are several types of insurance:

  • liability insurance of road carriers in domestic transport;
  • liability insurance of road carriers according to the provisions of the Convention on the Contract for International Carriage of Goods by Road – CMR.

WHAT IS THE INSURED SUBJECT MATTER?

The insured subject matter is liability of the insured as the carrier for proved damages incurred during transportation of the shipments of goods (items), due to occurrence of any of the following risks:

  • damage to goods (items);
  • burglary theft, robbery theft or theft of the complete vehicle with the goods;
  • delay in delivery of goods (items).

In addition to the responsibility for damages incurred by the occurrence of the stated risks, the insured subject matter also include:

  • the costs of determining the cause, volume and amount of damage;
  • the costs of disputes and legal measures undertaken by the Insured (Carrier) in agreement with the Insurer with regard to claims with the aim of defence against unfounded or excessive claims of transport users or holders of the right to indemnity arising from the incurred damage;
  • costs of unloading, reloading or loading, if any, onto a different vehicle if the original vehicle was involved in the traffic accident, with the purpose of avoiding further damage to goods (items) or reducing damage that had already occurred to goods (items) and
  • the costs of removing or transporting the remainder of destroyed goods (items) with the purpose of clearing the road at the order of competent authorities.

WHAT IS NOT THE INSURED SUBJECT MATTER?

The insured subject matter does not involve liability and costs in the events of:

  • transport performed without a contract on transport or with a contract on transport which is not concluded pursuant to the provisions of the CMR Convention and/or pursuant to the provisions prescribed under the Law on the contracts for carriage by road in the case of domestic road transport of goods;
  • transports which are not performed as the part of registered business activity of the Insured;
  • transport of cash, securities of all kinds, legal documents and documents except those documents which were entered in the waybill and accompany the goods;
  • transport of the already damaged items.