Theft of merchandise represents 24.80% of transport accidents

Theft of merchandise represents 24.80% of transport accidents
Theft of merchandise represents 24.80% of transport accidents

Osettrea consultancy specialising in the transport sector, has carried out a study on the main causes of cargo accidents of Spanish road transport companies.

The data shows that the robberies They are the main reason, since they represent the 24,80% of the total. Secondly, there is the damage to the goods during the operations of loading and unloading (17.44%), followed by the poor stowage (11,24%), los accidents of the vehicle (10.46%), the breakdowns of the cold equipment (6,81%), las mojadura (4.33%) and the fires (3,87%).

Although they account for almost a quarter of the incidents, the acceptance of the theft claim by the insurance carrier is always limited, especially when it comes to the security measures that the carrier must take. In fact, the main reason for refusal of a theft of goods is overnight parking in excluded places. “The insurance company requires that the vehicle be in guarded parking lots. If this is not possible, they accept places such as 24-hour service areas, but exclude industrial estates, rest areas or similar“, explains Mario García, deputy director of Osettra.

Jurisprudence establishes a solid criterion on the carrier’s liability when choosing the rest area, even going so far as to describe it as “fraud” the conduct of the carrier who parks in a dangerous, unguarded and poorly protected place. According to Dolors Calzadilla, owner of the AGNES Abogados law firm, this type of sentences They show us that “proven fraudulent conduct by the carrier may mean not only the possibility of being deprived of the insurance coveragebut also the risk of having to face an extremely large claim, without being able to benefit from the legal limits established in the CMR Convention or in Spanish internal law.”

Another source of conflicts in transport insurance are those incidents whose origin is a poor stowage or inadequate stowageThese situations account for 11.24%, but their number could double if a portion of those accidents are taken into account. undetermined cause (17.54%) that occur due to breakages or impacts of the merchandise during the trip. “Sometimes the accident occurs due to a incidence of traffic which does not amount to an accident (sudden braking, sudden steering wheel, etc.), but the insurance company’s expert attributes it to a failure of the preparation of the merchandise on board the vehicle, whether due to the arrangement of the load, its securing or inadequate packaging. If it is not very obvious, this type of assessment can be very controversial,” says Osettra.

In addition, it is important to determine who has been the responsible of the tasks of stowas well as the loading and unloading. And the fact is that “both guarantees are only covered if they have been carried out by the carrier or its employees. If these works have been carried out by the shipper, the insurance will not be responsible for them,” says García.

Goods excluded from coverage

Another reason for refusal in transport claims is excluded goods. There are a number of goods that are not usually covered, and others are, but in a limited way, for example, with a lower capital, with a higher deductible or only in certain types of claims. “It is common for policies to exclude goods such as copper, tobacco, the press, precious metals or cashIt is important to review under what conditions we will have the coverage of the policy and what is the case of each company or self-employed person. carrier is the weakest link of the chain and in many cases is defenseless against pressure from its customers,” explains Osettra.

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