Recovery of 127,000 PLN for a transport company
Dispute over damage to goods in international transport. We proved the loader's fault, avoiding an expensive court trial.
Logistyka Podlaska faced the risk of losing over a hundred thousand PLN due to damage to goods during a route from Germany. The case seemed lost because the loader's insurer rejected the first complaint, blaming the driver.
The challenge
In October 2023, during unloading in Lublin, it turned out that 3 pallets with precision electronics were crushed. The value of the damage was exactly 127,483 PLN. The German sender claimed that the driver braked hard and improperly secured the load with straps. Logistyka Podlaska had payments blocked for the next 4 orders, which began to ruin their financial liquidity. The carrier did not have time for a two-year court process because they had to pay leasing for 12 new tractor units.
Our approach
We analyzed data from the digital tachograph, which excluded sudden maneuvers on the Düsseldorf-Lublin route. Photos taken by the driver, Mr. Dariusz, right after closing the trailer proved key. Our team from Business Precision compared the way the goods were arranged with the technical documentation of the packaging manufacturer. Instead of writing general letters, we prepared a technical report indicating that the pallets were placed too densely without the required rubber pads.
The solution
We filed a pre-trial demand for payment directly to the company's headquarters in Germany, bypassing slow insurance intermediaries. We demonstrated that according to the CMR Convention, the loader bears responsibility for errors in the arrangement of goods if the driver did not have the opportunity to correct them without endangering the stability of the entire load. We proposed a settlement: payment of 97.4% of the amount within 14 days in exchange for waiving statutory late interest.
Results
Thanks to hard evidence from the tachograph and photos, the German company admitted its guilt without taking the case to court. The client recovered the money in 4 months, which allowed them to maintain liquidity and pay leasing installments on time.
Timeline
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October 12, 2023Analysis of tachograph data and CMR documentation by our team in Białystok.
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October 28, 2023Sending the technical report and demand for payment to the contractor in Düsseldorf.
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November 15, 2023Negotiating settlement terms with the loader's legal department.
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January 19, 2024Confirmation of transfer of the full amount to Logistyka Podlaska's account.
"The situation was dire because the contractor did not want to listen to our arguments. Business Precision hit with facts from the tachograph and photos. The money arrived faster than I expected."