Guidelines for Claims for Cargo Insurance by Waterway and Land
1. What about the loss of goods in the course of transportation?
Generally speaking, insurance companies have branches all over the country, which brings great convenience to the insured to report within the prescribed time (not more than ten days) - once the insurance company is out of danger, it can report to the local insurance company in the place where the insurance company is out of danger, or to the company where the insurance company is underwritten. Compensation for losses below 3,000 yuan (usually) can be paid promptly by the company at the place of risk. If the loss amount is more than 3,000 yuan, the insurance company and the insurance company will contact to determine whether the local agency or the insurance company will be the sole agent of the geographical claims.
2. What supporting materials should the insured and the insured provide when making a claim?
When submitting compensation to an insurance company, the following relevant certificates shall be brought: insurance policy (vouchers), waybill (invoices), bill of lading, invoice (price certificates); cargo record, general record, acceptance and acceptance record and appraisal certificate issued by the shipping department; storage record, inspection report, loss list of the consignee and direct cost documents paid for the ambulance goods.
In addition, if the carrier or other third party should be responsible for part or all of the compensation according to the law or relevant provisions, it is also necessary to bring the written materials and litigation documents for filing claims with the third party.
3. How does the insurance company determine the amount of compensation?
When losses occur within the scope of insurance liability for insured goods, the insurance company shall calculate compensation according to the insured value, but the maximum amount of compensation shall be limited to the insured amount; if the insured amount is less than the insured value, the insurance company shall calculate compensation according to the proportion of the insured amount to the insured value. The amount of compensation for the loss of insured goods and the direct and reasonable expenses paid for rescuing or protecting the goods shall be calculated separately and each shall not exceed the insured amount.
3. How long is the limitation of the insured's claim? The insured shall be deemed to have voluntarily waived his rights and interests if he fails to apply to the insurance company for compensation, provide the necessary documents or receive the compensation due after 180 days from the day after he learns of the loss suffered.
4. How long is the indemnity period of the insurance company? After the insurance company learns that the subject matter of the insurance is out of danger, it is responsible to investigate the scene, obtain relevant proof materials, identify the causes of the loss, and verify whether to compensate. However, once the amount of compensation has been agreed between the insurance company and the insured, it should normally be compensated within ten days.
What are the obligations of the insured and the insured? The insured and the insured shall fulfill their obligation of telling the truth in accordance with the law and answer truthfully the inquiries made by the insurer concerning the subject matter of the insurance or the relevant information of the insured and the insured.
The applicant shall strictly abide by the provisions of the state and the transportation department on safe transportation, and shall also accept and assist the insurer in inspecting and preventing damage to the insured goods. The packaging of the goods in transport must conform to the standards set by the state and the competent authorities.
The insured and the insured shall provide relevant information and proof of loss.
If loss occurs within the scope of insurance liability, the insured or the insured shall take prompt rescue and protection measures and immediately notify the local organization of the insurance company.
If the insured and the insured fail to fulfill their obligations under any of the above-mentioned provisions, the insurance company has the right to terminate the insurance contract or refuse to compensate for part or all of the economic losses.
6. What is the right of subrogation and its effect?
If the loss occurs within the scope of insurance liability, the carrier or other third party should be responsible for part or all of the compensation according to the law or relevant provisions. The insured may ask the insurance company to compensate first. While compensating, the insurance company has obtained the right to claim compensation from the third party. This right is called subrogation claim for compensation.
If the insured's fault prevents the insurance company from exercising the right of subrogation, the insurance company may deduct the insurance compensation accordingly; if the insured abandons the claim against the third party, the insurance company shall not bear the liability for compensation; if the insured requests the insurer to compensate first, the insured shall issue a transfer of rights and interests statement and the related litigation statement for the claim to the third party. The materials are handed over to the insurance company and the insurance company is assisted in recovering the compensation from the responsible party.