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Damaged Goods in Road Freight – CMR Reservations, Claim Deadlines and Carrier Liability

Damaged Goods in Road Freight – CMR Reservations, Claim Deadlines and Carrier Liability

Under the CMR Convention, damaged goods in international road freight are claimed by a reservation on the consignment note at delivery; hidden damage must be notified in writing within 7 days (Sundays and holidays excluded) and delay within 21 days. Carriers are liable from takeover to delivery, capped at 8.33 SDR per kg gross weight; claims expire after 1 year. Knapek Spedition (Břeclav) handles claims for clients.

Key facts

Apparent damagereservation on the CMR at delivery at the latest
Hidden damagewritten notice within 7 days, excl. Sundays and holidays
Delaywritten notice within 21 days
Carrier liabilityfrom takeover to delivery (CMR art. 17)
Compensation limit8.33 SDR per kg gross weight (art. 23)
Time bar1 year, 3 years for wilful misconduct (art. 32)
Domestic Czech transportCzech Civil Code instead of CMR
Crushed pallets, wet cartons or missing packages on arrival? Learn what to check before you sign, how to word a reservation on the CMR, which deadlines apply and what evidence the carrier will ask for.

If goods arrive damaged in road freight, check them at unloading and write a reservation on the CMR consignment note before you sign for delivery. Under the CMR Convention, apparent damage and shortages must be reserved no later than delivery, hidden damage must be notified in writing within 7 days, and claims are generally time-barred after one year.

Damaged goods at unloading: what should you do first?

Sequence matters. The driver is usually in a hurry, but a clean signature is the weakest starting point for any claim. Where the consignment note carries no reservation, Article 30 of the CMR Convention presumes that the consignee received the goods in the condition described in the note.

  1. Before the doors open, check the seal and the trailer itself: torn curtains, water marks.
  2. Count pallets or packages and compare them with the delivery note and the CMR waybill.
  3. Inspect the packaging: crushed corners, split film, shifted pallets, damp cartons.
  4. Photograph everything – the whole load space, each damaged item close up and the label of the affected pallet.
  5. Write a specific reservation on the consignee's copy and on the copy the driver keeps, and have the driver countersign it.
  6. Tell the shipper and the forwarder who booked the transport the same day.

You may refuse the delivery, but it is rarely the smartest move. If the goods are at least partly usable, accepting them with a precise reservation usually works better. Call your forwarder before refusing.

How to write a reservation on the CMR consignment note

Vague remarks such as "received subject to inspection" or "not checked" carry little weight. A useful reservation states the damage, its extent and the number of packages. Good examples: "2 of 18 pallets crushed on one side, stretch film torn, photos taken". Add the date, time and your name in capitals.

SituationWhat to do at unloadingDeadline under CMR art. 30
Apparent damage to packaging or goodsspecific reservation on the CMR, photos, driver's countersignatureat the latest on delivery
Shortage of pallets or packagescount and note the difference against the CMR and delivery noteat the latest on delivery
Hidden damage found after unpackingkeep the packaging, take photos, notify the carrier or forwarder in writingwithin 7 days of delivery, Sundays and public holidays excluded
Late deliveryrecord the actual arrival timein writing within 21 days after the goods were placed at the consignee's disposal

Carrier liability under CMR: when is the carrier responsible?

Article 17 of the CMR Convention makes the carrier liable for loss of or damage to the goods between taking them over and delivery, and for delay. This is strict liability: the consignee does not have to prove the driver was negligent. It is enough to show that the goods were loaded in good order and delivered damaged or incomplete.

In general terms, the carrier is relieved of liability mainly for:

  • defective or insufficient packing by the sender,
  • loading, stowage or securing carried out by the sender, or unloading by the consignee,
  • the inherent nature of the goods, such as fragility or a tendency to dry out,
  • insufficient or incorrect marking of packages,
  • circumstances the carrier could not avoid, and instructions from the person entitled to give them.

Photos taken at loading and a note on the CMR stating who loaded the truck therefore carry real weight.

How much will the carrier pay? The 8.33 SDR per kg limit

CMR compensation is capped. Article 23 limits it to 8.33 Special Drawing Rights (SDR) of the International Monetary Fund per kilogram of gross weight lost or damaged. In other words, the weight of the affected part counts, not the value of the goods. For heavy, low-value cargo the limit usually covers the loss; for light, high-value goods it can fall far short of what the goods are worth.

The Convention allows higher compensation in two ways: the sender may declare a value exceeding the limit in the consignment note (Article 24), or a special interest in delivery (Article 26). Both are agreed in advance at extra cost. For valuable shipments, cargo insurance is usually more practical, as it covers the real value of the goods.

Who carries the risk, and who should insure, depends on the sales contract. The Incoterms delivery terms define when risk passes from seller to buyer – a key question when importing goods into the Czech Republic.

What does a CMR claim for damaged goods need?

A cargo claim moves quickly when the file is complete.

DocumentWhy it is needed
CMR with reservation and driver's signatureproves the damage was noted on delivery
Photos from unloading, ideally from loading tooshow the extent of damage and how the load was stowed
Delivery note and commercial invoiceestablish the value of the affected goods
Gross weight of the damaged packagesbasis for the Article 23 limit
Damage reportdescription drawn up on site, ideally signed by both parties
Written notice to the carrier or forwardershows the deadlines were met
Repair quote or depreciation figurequantifies the claim – repair, price reduction or disposal

Watch the limitation period as well. Under Article 32 of the CMR Convention, claims arising from carriage are time-barred after one year, or three years in the case of wilful misconduct. Do not leave it late.

Damaged goods in domestic transport within the Czech Republic

The CMR Convention governs international carriage of goods by road. For domestic transport within the Czech Republic, carrier liability follows the Czech Civil Code rather than CMR. We still recommend the same routine: check, reserve, photograph and notify in writing.

Preventing damage and how a freight forwarder helps

Most damage in truck transport is not caused by accidents but by loads shifting under braking, weak packaging giving way or moisture. Prevention costs less than any claim:

  • put goods on sturdy pallets, ideally euro pallets, and wrap them tightly in stretch film,
  • follow our guide on how to prepare pallets for transport – edge protectors, layer sheets, stackability, labelling,
  • state clearly whether fragile goods may be stacked, and pick the right trailer from the vehicle types overview,
  • send temperature-sensitive goods by refrigerated transport,
  • for small volumes, check whether a parcel, pallet or full truck fits best – every transhipment adds risk,
  • photograph the load once it is on board and have the package count confirmed on the CMR.

Knapek Spedition, based in Břeclav since 2011, arranges transport through a network of more than 500 vetted contracted carriers. We check their carrier liability insurance, document the loading and, if damage occurs, handle the claim with the carrier and its insurer on your behalf. See also what is freight forwarding. Whether you need pallet transport from a single pallet or international road freight, you get a quote within 30 minutes during office hours and a vehicle usually within 24 hours. More in transport cost and all transport areas.

Dealing with a damaged shipment right now? Send us the CMR with the reservation and photos and we take over the claim with the carrier – contact us.

Related guides: CMR waybill · Incoterms – delivery terms · How to prepare pallets for transport

Frequently asked questions

Should I sign the CMR if the goods arrive damaged?
You can sign for delivery, but always add a specific reservation describing the damage and the number of packages affected. A clean signature creates a presumption that the goods arrived in good order.
How long do I have to report hidden damage found after unpacking?
For international carriage, Article 30 of CMR requires written notice within 7 days of delivery. Sundays and public holidays do not count towards that period.
What is the deadline for a late delivery claim?
A reservation for delay must be sent in writing within 21 days after the goods were placed at the consignee's disposal. After that, no compensation for delay is payable.
When does a CMR claim against the carrier become time-barred?
Article 32 sets a limitation period of one year. Where the carrier is guilty of wilful misconduct, it is three years.
What is the most a carrier will pay for a damaged pallet?
Up to 8.33 SDR per kilogram of gross weight of the damaged goods under Article 23. More is only recoverable if a higher value or a special interest in delivery was declared on the CMR beforehand.
What does SDR mean in the CMR liability limit?
SDR stands for Special Drawing Rights, a unit of account of the International Monetary Fund. CMR uses it so that the same limit applies in every contracting state.
Do I still need cargo insurance if the carrier is liable?
For light, valuable goods usually yes, because the carrier's limit is based on weight, not value. Cargo insurance pays the real value of the goods whatever that limit is.
In which cases is the carrier not liable for damage?
Typically where the sender packed the goods badly, loaded or secured them itself, where the damage stems from the nature of the goods, or where packages were incorrectly marked.
Is it better to refuse a damaged delivery or accept it with a reservation?
If the goods are at least partly usable, accepting with a precise reservation usually works out better. Refusal leads to waiting time and a return run, so agree it with your forwarder first.
What should a good reservation on the consignment note say?
Be specific: how many packages, what kind of damage and that photos were taken, for example "2 of 18 pallets crushed, film torn". Add the date, time and your name in capitals.
What if the driver refuses to countersign my reservation?
Write the reservation anyway, note that the driver declined to sign and photograph the document. Send written notice to the forwarder or carrier the same day.
Which documents does a cargo damage claim require?
The CMR with reservation, photos, delivery note and invoice, gross weight of the damaged packages, a damage report, your written notice and a repair quote or depreciation figure.
Does CMR apply to a truck that only drives within the Czech Republic?
No, domestic carriage is governed by the Czech Civil Code. The same routine at unloading is still recommended: check, reserve, photograph and notify in writing.
Who do I send the claim to if I booked through a forwarder?
To the forwarder you contracted with. Knapek Spedition then deals with the carrier and its insurer for you and keeps you updated.
How can I reduce the risk of damage at loading?
Use sturdy pallets, tight stretch film and edge protectors, mark non-stackable goods clearly and photograph the load once it is on board. Have the package count confirmed on the CMR.
Knapek Spedition Freight forwarding and road transport, Břeclav · Updated 24. 10. 2026