CMR Freight Claims: Deadlines and Liability Cap

To file a CMR freight claim, check the goods with the carrier or send reservations by the time of delivery, then send written reservations within seven days of delivery, Sundays and public holidays excepted, for damage you could not see. Follow with a written claim to the carrier and bring any court action within one year. Compensation is capped at 8.33 SDR per kilogram of gross weight short, unless a value was declared or the carrier acted with wilful misconduct.

How to file a CMR freight claim, step by step

The steps are short, but every deadline in them is strict.

1. At delivery, check the goods with the carrier or send reservations giving a general indication of the loss or damage, no later than the time of delivery.
2. For loss or damage that is not apparent, send written reservations within seven days of delivery, Sundays and public holidays excepted.
3. Send a written claim to the carrier with all enclosures. The Convention's own clock for the claim is the limitation period in step 4, and a carrier may ask for it sooner: DHL Freight's own FAQ, for example, asks for claims with all enclosures within 7 days of receipt of the goods, so check your carrier's terms.
4. Track the limitation period: one year, or three years for wilful misconduct or equivalent default. A written claim suspends it until the carrier rejects the claim in writing.
5. Expect compensation to be capped at 8.33 SDR per kilogram of gross weight short.

The sections below take each step in turn.

When CMR applies and who can claim

CMR applies to every contract for the carriage of goods by road in vehicles for reward when the place of taking over and the place designated for delivery are in two different countries, at least one of them a contracting country. The nationality and residence of the parties do not matter.

The carrier is liable for total or partial loss and for damage occurring between taking over the goods and delivery, as well as for delay. The sender holds the right of disposal, for example to stop the goods in transit or redirect them. That right ends when the second copy of the consignment note is handed to the consignee or the consignee exercises its right under Article 13. Once the loss is shown, or the goods have not arrived, the consignee can enforce its rights against the carrier in its own name.

When successive road carriers perform one contract, each is responsible for the whole operation. You may sue the first carrier, the last carrier, or the one on whose leg the damage happened.

The consignment note and what to record at delivery

The consignment note is prima facie evidence of the contract, its conditions and the carrier's receipt of the goods. It records the parties, the date and place of taking over, the place designated for delivery, the number of packages and the gross weight. Those entries become your baseline when you prove what was handed over.

Delivery is the moment the Convention tests you. Under Article 30 of the Convention text, if the consignee takes delivery without checking the goods with the carrier, and without sending reservations that give a general indication of the loss or damage, the act of taking delivery is prima facie evidence that the goods arrived as the note describes. For apparent loss or damage the reservations must be made no later than the time of delivery.

In practice, write the reservation on the delivery paperwork in plain words, such as "two pallets crushed, six cartons wet", and have the driver countersign it. Photograph the damage before the vehicle leaves.

Concealed damage: the seven-day written notice

Damage that appears only after unpacking has its own clock. For the general routine of inspecting, documenting and notifying a carrier, see the concealed damage claim survival guide. The Convention gives you seven days from delivery, Sundays and public holidays excepted, and the reservations must be in writing. The day of delivery itself is not counted. Only Sundays and public holidays are excluded, so Saturdays count.

If you and the carrier jointly checked the goods at delivery, you can still contradict the result of that check for damage that is not apparent, provided you sent written reservations within seven days of the check.

1. Stop using or moving the goods and keep the packaging.
2. Photograph the damage and the packaging.
3. Send dated written reservations to the carrier within the window, with a general description of what is damaged.
4. Keep proof of sending.

Delay follows a different clock. No compensation is payable for delay unless a written reservation reached the carrier within twenty-one days from the time the goods were placed at the disposal of the consignee.

The 8.33 SDR per kilogram liability cap

Article 23 limits compensation to 8.33 SDR per kilogram of gross weight short. The paragraph that holds the limit is Article 23, paragraph 3. The SDR, or special drawing right, is an International Monetary Fund unit of account that fluctuates daily, so the amount in euros moves with it, as this summary of the Convention notes. DHL Freight's own FAQ applies the same 8.33 SDR per gross kilo to its international products.

The cap is tied to weight. Compensation is calculated from the value of the goods at the place and time they were accepted for carriage, and that value is fixed by commodity exchange price, or else current market price, or else the normal value of goods of the same kind and quality. The weight that counts is the gross weight of the part that is short.

Carriage charges, customs duties and other charges are refunded in full for total loss and in proportion for partial loss, but no further damages are payable.

When the cap does not apply

Three routes lead above the per-kilogram figure.

• Wilful misconduct. A carrier guilty of wilful misconduct, or of default treated as equivalent to it by the law of the court hearing the case, cannot rely on the provisions that limit its liability.
• Declared value. The sender may declare a value in the consignment note, against a surcharge, and that declared value replaces the limit.
• Special interest in delivery. The sender may enter an amount for a special interest in delivery, again against a surcharge.

Higher compensation may only be claimed through a declared value or a special interest in delivery. Both are entered in the consignment note. Carriers may also sell insurance for the difference: DHL Freight offers a value added service Insurance for goods worth more than its limit.

CMR time limits: one year, three years and what suspends them

The period of limitation for an action under the Convention is one year. It is three years for wilful misconduct, or for default the court treats as equivalent. For partial loss, damage or delay the period starts on the date of delivery. For total loss it starts on the thirtieth day after the agreed time-limit expires, or, where none was agreed, on the sixtieth day after the carrier took over the goods.

A written claim suspends the limitation period until the carrier rejects it by written notification and returns the documents attached to it. If part of the claim is admitted, the period restarts only for the part still in dispute. Further claims with the same object do not suspend it again. The burden of proving that the claim, the reply or the returned documents were received lies with the party relying on them, so send claims in a way you can prove.

For venue, the plaintiff may sue in a court designated by agreement, or in the courts of a country where the defendant is ordinarily resident or has its principal place of business, or where the goods were taken over or are to be delivered.

The documents a CMR claim packet needs

Collect the following before you send the claim:

• The consignment note, including your copy with any reservations written on it.
• The written reservations you sent and proof of when you sent them.
• Evidence of value at the place and time of acceptance, such as an exchange price or a market price.
• The gross weight of the goods and of the part that is short.
• The carriage charges and customs duties you paid, which are refundable in full for total loss.
• Photographs, delivery paperwork and your correspondence with the carrier.

For delivery-side proof, see proof of delivery claims evidence. The carrier-specific version of this checklist is in the DHL claims guide, which covers DHL Freight's CMR rules alongside its parcel services. If you are weighing software to run this packet at volume, Freight Claims Software in Europe lists what to check before you buy.

CMR versus the US Carmack Amendment

CMR and Carmack work on different clocks. Carmack allows a 9-month claim-filing period and a 2-year window running from a written denial, while CMR needs reservations at delivery or within seven days and a court action within one year. The Carmack Amendment explainer covers the US side in full.

FAQ

Who can file a CMR claim, the sender or the consignee?

The consignee can enforce rights against the carrier in its own name once the loss of the goods is shown or the goods have not arrived. Until the consignee takes the second copy of the consignment note or exercises that right, the sender holds the right of disposal.

What happens if I miss the CMR notification deadline?

If the consignee takes delivery without checking the goods with the carrier or sending reservations in time, the fact of taking delivery counts as prima facie evidence that the goods arrived in the condition the consignment note describes. That is why late reservations weaken a claim.

Can I claim more than the 8.33 SDR per kilogram limit?

Higher compensation may only be claimed where a value or a special interest in delivery was declared in the consignment note, against a surcharge. The limit also does not protect a carrier guilty of wilful misconduct or equivalent default.

Does the CMR claim deadline differ for loss versus delay?

Yes. Compensation for delay is payable only if a written reservation reached the carrier within twenty-one days from the time the goods were placed at the disposal of the consignee. For total loss, the one-year limitation period starts on the thirtieth day after the agreed time-limit expires.

Does CMR apply to a shipment inside one country?

No. CMR applies when the place of taking over and the place designated for delivery are in two different countries. A domestic move within a single country follows that country's national law.

Which carrier do I claim against when several carriers moved the goods?

Under CMR, legal proceedings may be brought against the first carrier, the last carrier, or the carrier who was performing the part of the carriage during which the loss or damage occurred, and against several of them at once.

What to do next

Three checks cover most CMR claims: reservations at delivery, written notice inside seven days for hidden damage, and a claim sent well before the one-year limit. Teams that run these steps at volume can write them into their SOPs. CorePiper reads a team's SOPs, policies and runbooks, builds agents from them, and has people approve exceptions and high-impact actions.