In road carriage, loss is not settled in euros but in kilos. With a stolen pallet of electronics, that is the difference between what the cargo was worth and what you are paid.
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In brief
A carrier's liability is limited by law per kilogram. For international road carriage the CMR Convention applies: Article 23(3) caps the compensation at 8.33 SDR per kilogram gross weight, which works out at around ten euros. For domestic carriage under the AVC conditions it is € 3.40 per kilogram.
Work that out for a laptop weighing a kilo and a half. Internationally you arrive at about fifteen euros of liability, while the device is worth many times that. For a load of five hundred kilos with an invoice value of fifty thousand euros, the compensation stops at around five thousand.
A goods in transit insurance works differently. It insures the actual value of the cargo, regardless of who is liable and regardless of whether the carrier can invoke force majeure. For the owner of the goods it is the only route to full compensation.
The structure of the cover in three parts, with an overview per situation below.
For the owner
Goods in transit
Insures the cargo itself at actual value, regardless of fault.
Full invoice value
Also where the carrier can invoke force majeure
From door to door
For the carrier
Carriers' liability
Covers your legal liability within the CMR or AVC limit.
CMR: 8.33 SDR per kg
AVC: € 3.40 per kg
Defence against claims
Your own belongings
Own transport
Tools, materials and equipment you carry yourself.
Tools in the van
Materials to the customer
Requirements for overnight storage
What is covered
Situation
Goods in transit
Carriers' liability
Full value of the cargo paid
Yes
No
Theft of the consignment
Yes
Sometimes
Payment where the carrier can invoke force majeure
Yes
No
Loss due to delay
Sometimes
Sometimes
Damage caused by a defect in the goods themselves
No
No
Insufficient or unsound packing by the sender
No
No
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Breaking the limit hardly ever succeeds in the Netherlands
The limitation only falls away in cases of intent or deliberate recklessness by the carrier, governed by Article 29 CMR and Article 14 AVC. That calls for solid evidence — a structural lack of security, for example — and is hardly ever accepted in Dutch case law. In Germany that threshold is considerably lower, which makes it relevant in international carriage under which law you litigate.
A worked example from practice
From a load of five thousand kilos, two thousand kilos were stolen in transit. The carrier was held liable for fifty thousand euros. The insurer rightly pointed to Article 23(3) CMR: two thousand kilos times 8.33 SDR comes to about nineteen thousand euros. The difference of thirty-one thousand euros stayed with the owner of the goods.
The limitation periods are short
Under the CMR Convention a cargo claim becomes time-barred in principle within one year of the day on which the goods were delivered. In the case of total loss that period generally starts to run from the sixtieth day after the carrier took the goods over. That is considerably shorter than the three years you are used to with ordinary insurance; so do not wait to report.
Does the packaging count towards the weight?
Sometimes yes, sometimes no. Packaging supplied by the carrier itself does not count. Single-use packaging from the sender does count. Reusable packaging such as crates and pallets only counts if it is itself damaged. With light, valuable cargo that makes a noticeable difference to the outcome.
What does your premium depend on?
Annual value transported — the main basis for calculation
Type of load — electronics and pharmaceuticals weigh more heavily than bulk
Area of transport — domestic, the EU or beyond
Security — GPS tracking, secure lorry parks, a two-driver policy
Claims history
Cover and excess chosen
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
You request a quoteWe take stock of your situation, your risk and your wishes.
We compareseveral insurers, on premium as well as conditions.
You receive a proposalWith an explanation of the differences and the exclusions.
We arrange the switchIncluding cancellation, so there is no gap in cover.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
For international road carriage a maximum of 8.33 SDR per kilogram gross weight under Article 23(3) CMR, which works out at around ten euros. For domestic carriage under the AVC conditions, € 3.40 per kilogram. The invoice value plays no part in this.
When does that limit fall away?
Only in cases of intent or deliberate recklessness by the carrier, under Article 29 CMR or Article 14 AVC. In the Netherlands that is hardly ever accepted; in Germany considerably more readily.
What is the difference from carriers' liability insurance?
Carriers' liability insurance covers the carrier's liability, so within the limit. Goods in transit insurance insures the cargo itself at actual value, regardless of who is liable. With valuable cargo they complement each other.
How long do I have to bring a claim?
Under the CMR Convention a cargo claim becomes time-barred in principle one year after delivery; in the case of total loss, from the sixtieth day after the goods were taken over. That is much shorter than usual, so report a loss straight away.
Is theft covered?
On a goods in transit policy yes, at actual value. With valuable cargo, insurers often set requirements: GPS tracking, secure lorry parks and sometimes a two-driver policy at stops. Those are set out in the policy conditions.
What if the carrier invokes force majeure?
Then you get nothing from him. Goods in transit insurance still pays out, because it does not depend on liability. In Dutch case law, incidentally, a plea of force majeure is rarely upheld.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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