Cargo Damage in International Road Carriage

Damage, loss or delay of goods carried by road to or from Turkey is a common problem for exporters and importers. Such carriage is governed by the Convention on the Contract for the International Carriage of Goods by Road, known as the CMR, to which Turkey is a party.

Under the CMR, the carrier is, as a rule, liable for loss of or damage to the goods from the time it takes them over until delivery. The carrier's liability is, however, subject to certain exceptions and to limits on the amount of compensation.

When damage occurs, the first step is to record the condition of the goods at delivery. Notifying the carrier at the time of delivery, noting the damage on the CMR consignment note and documenting it with photographs and survey reports are decisive for any later claim. Where damage is discovered later, notice should still be given without delay.

Claims under the CMR must be brought within a limited time. It is therefore important to assess at an early stage whether the cargo is insured, against whom the claim should be made and in which country proceedings may be brought, so that the claim is not lost.