Claims documentation: assembling a file a carrier cannot easily refuse

The four things every file must establish

Strip a cargo claim to its structure and it makes four assertions: the goods existed and were worth a stated sum; they were handed to the respondent in good order; they were delivered damaged, short or not at all within the respondent's period of responsibility; and the claimant complied with the notice and mitigation duties. Each document in a well-built file exists to support one of those, and any document supporting none of them is padding. Using that frame while assembling the bundle prevents the common failure of a thick file that proves value beautifully and says nothing about condition at handover, which is precisely where the respondent will attack.

Contract and carriage documents

The transport document is the centre of the file: the bill of lading, sea waybill, air waybill, consignment note or delivery note, in the form actually issued rather than a draft or a booking confirmation. Alongside it sit the booking, the carrier's rate confirmation, the trading conditions relied on, and any special instructions such as temperature settings, stacking limits or a declaration of value. Where subcontracting occurred, the subcontract and its terms belong in the file too. The purpose of this group is to establish who promised what to whom, which regime attaches, and whether any instruction that was given was not followed. A movement performed against instructions is a different claim from one where the goods simply came to harm.

Value, condition and cause

Value is evidenced by the commercial invoice, the packing list, freight and duty invoices and, where relevant, proof of payment. Condition at origin is evidenced by loading photographs, packing records, a container packing certificate, temperature or data-logger records started at packing, and any pre-shipment inspection. Condition at destination comes from the annotated delivery document, unloading photographs, a damage report, an independent survey report and, for reefer cargo, the download of the unit's own record. Cause is where a file either persuades or fails. A logger trace showing a temperature excursion beginning at a known point, or a survey attributing crushing to stow rather than to packing, converts assertion into evidence. Where cause cannot be shown, the claimant leans instead on the presumption most carriage regimes give it, which makes the handover and delivery documents even more important.

Notice, mitigation and salvage records

The file should contain the written notice to the carrier with proof of when it was sent, the notification to the insurer, correspondence granting or refusing inspection, and any agreed extension of the time bar. Mitigation is evidenced by invoices for reworking, reconditioning, additional transport or temporary storage, each tied to the incident rather than to routine operations. Salvage records matter for credibility as much as arithmetic. Documenting what was recovered, how it was offered for sale and what it realised shows a claimant behaving as a prudent uninsured owner would, which is the standard against which mitigation is judged.

Chain of custody and document integrity

Photographs need a verifiable date and location, logger data needs an unbroken download rather than a screenshot, and scans need to be legible including handwritten reservations. Where documents pass through several hands, an internal note recording who produced each item and when closes off the argument that the file was constructed after the fact. The same discipline serves a second purpose. A claim file assembled to this standard is also the record an auditor, an insurer at renewal or a customer conducting a supplier review will ask for, so the effort is not spent solely on the claim in front of you. What any of it achieves legally still depends on the regime that applies, the contract terms and the forum, so take advice where the sums justify it.

Frequently asked questions

Are photographs on a phone acceptable evidence?

They are used constantly, and their weight depends on context: images that show the consignment, the transport document, the seal and the surroundings, with reliable timestamps, are far more persuasive than close-ups of damage alone. Storing them in the claim file rather than on the device matters equally.

What if the carrier refuses to sign a damage note at delivery?

Record the refusal on the document, note the driver's name and vehicle details, take photographs at the point of delivery and send written notice to the carrier the same day. A documented refusal is itself evidence, whereas an undocumented one leaves the claimant with nothing.

Do we need an independent surveyor on every claim?

No. Surveys earn their cost where value is significant, cause is contested, or the damage pattern is technical, such as condensation, contamination or temperature failure. For small, obvious losses a well-annotated delivery document and clear photographs usually carry the file.