The subjects of insurance are motor carriers, who carry out cargo transportation on the territory of the countries that are parties to the Convention on the Contract for the International Carriage of Goods by Road (CTRICMR, 1956)
Liability for destruction and/or damage to cargo, subject to transportation in accordance with the International Convention “On the Contract for the International Carriage of Goods by Road” 1956 (CTRI/CMR) is covered.
The amount of the insurance premium is established by the insurer based on the nature of the insured risk and the size of the insured amount. The nature of the insured risk is determined by the Insurer based on the information provided by the Insured.
When applying for compensation for damages, the Insured must attach the full package of claim documents:
a) received from the claimants of the claims in confirmation of the requirements to the motor carrier, including:
- delivery notes or other appropriate documents, with the mentions of the recipient or his representative about the damage or shortage of cargo;
- invoices and accounts;
- packing lists;
- cargo examination documents (damage certificates), expert reports, drawn up by independent specialized organizations in accordance with the laws and practice applied in the country where the accident occurred, or the shortage or damage to the cargo was assessed or established;
- calculation of the damage, declared to the motor carrier by the party demanding its compensation;
- If the claim against the motor carrier is not filed by the authorized recipient, but by the company insuring the cargo, then the claimant (cargo insurer) must be requested to present the subrogation, i.e. the document confirming the assumption by the cargo insurer of the rights of the insured (cargo owner) after payment of the claims for cargo insurance.
b) the package of documents, the presentation and delivery of which, depending on the type of accident, is the obligation of the motor carrier, including:
- the report of the State Motor Inspectorate, or of the traffic police, in the case of road accidents;
- receipt from the police confirming that the motor carrier has applied to these courts in connection with the theft or other criminal offenses committed during the transportation of the cargo, or the receipt-confirmation issued by the law enforcement agencies about the initiation of criminal proceedings in connection with the theft or other criminal act;
- written explanations of the driver about the committed act;
- documents confirming the expenses incurred by the Insured in order to prevent or reduce damages and protect his interests in courts or arbitration;
- copy of correspondence with the claimants of the claims;
- document confirming the fact of payment of the claims by the Insured;
- copies of documents or correspondence, confirming compliance with the provisions of p.11.5 of the Insurance Conditions in documentary confirmation of the Insurer's rights to file recourse actions against third parties, guilty of causing damage to the Insured;
including, if at the request of the Insured, the expenses must be compensated to the Insurer, the Insured's agent or representative, who de facto pays the claims, then documents must be submitted confirming that the Insured transmits powers of attorney to his agent / representative in order to settle and compensate for the damage incurred by the Insured.
The Insurer is entitled to request from the Insured and the latter is obliged to submit all necessary documents, which the Insurer considers necessary for establishing the insurance indemnity.
The Insurer pays some claims directly to the claimants (Beneficiary) provided that all documents for the respective claims have been submitted to the Insurer.