An individual is posted to Réunion and ships their car there from Le Havre. At Port Réunion, they find a dented bumper and a scratch along the whole door. The carrier relies on the “used” condition stated in the bill of lading and on the statutory limit of liability. The forwarder that organised the shipment points to the shipowner.
Who is liable
The sea carrier is liable for damage occurring between taking charge of the goods and delivery, unless it proves an excepted peril (Article L. 5422-12 of the French Transport Code). Carriage between mainland France and the overseas territories is governed by the Transport Code; from a French port to Africa, the amended Brussels Convention (the Hague-Visby Rules) applies in principle, but some destination States apply the Hamburg Rules, which matters if proceedings are brought before their courts.
If the shipment was organised by a freight forwarder acting as principal (commissionnaire de transport), it guarantees against damage (Article L. 132-5 of the Commercial Code): the shipper may sue it without having to prove fault.
Notice of loss, immediately
Everything is decided at the port of arrival. Notice of loss must be in writing, specific, and addressed to the carrier or its representative no later than delivery; for non-apparent damage, within three days, excluding public holidays (Article R. 5422-24 of the Transport Code). Without notice, the vehicle is presumed to have been delivered as described in the bill of lading. Dated photographs, a condition report at departure and a delivery note signed “subject to reservations” are the decisive documents.
The condition report drawn up at departure matters as much as the one at arrival. A vague statement (“used vehicle, various scratches”) weakens the claim; a precise report supported by photographs strengthens it.
The limit of liability
A vehicle is a unit for the purposes of the limit (Article L. 5422-13): 666.67 special drawing rights, or 2 special drawing rights per kilogram if that amount is higher. For a vehicle weighing 1,500 kilograms, the weight-based limit exceeds the per-unit limit. A shipper wishing to be compensated beyond that must declare the value in the bill of lading; a carrier that accepts the declaration can no longer rely on the limit (Article L. 5422-14).
What the firm checks first
- The condition reports at departure and arrival.
- The notices of loss: date, form, addressee.
- The organiser’s capacity: carrier or commissionnaire.
- The declared value and the weight of the vehicle.
- The one-year time limit.
For the firm’s services, see Liability of the sea carrier.
Further reading
- International removals by container: belongings damaged or lost
- One-year time limit against the sea carrier: interrupting, extending, seeking recourse
- Container damaged or lost: who is liable and within what time limit?
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
How long do I have to give notice of damage to a vehicle?
No later than delivery, or within three days for non-apparent damage (Transport Code, Article R. 5422-24).
Can the carrier limit compensation?
Yes, to the statutory limit per unit or per kilogram, unless a value was declared and accepted or there was inexcusable fault (Transport Code, Articles L. 5422-13 and L. 5422-14).
Can I sue the company that organised the shipment?
If it is a commissionnaire de transport, it guarantees against damage (Commercial Code, Article L. 132-5).