home Remote work and freelance The goods burned down in transit, the claim of the transport company. How to write a claim to the transport company? In what cases is such a claim filed?

The goods burned down in transit, the claim of the transport company. How to write a claim to the transport company? In what cases is such a claim filed?

When organizing cargo transportation, only the transport company you have chosen is responsible for the safety and integrity of the goods. If the customer has found violations, he has the legal right to file a claim under the contract for the carriage of goods and receive compensation or a penalty for the inconvenience caused by the logistics company. If the head of the carrier refuses to comply with the legal requirements reflected in the contract and the text of the claim, the conflict can be settled in court.

It must be understood that the responsibility to the client arises from the carrier from the moment the contract for transportation is signed. In case of damage to the cargo, untimely delivery, violation of the conditions of transportation, the carrier not only compensates for the losses incurred, but also pays additional compensation. At the stage of acceptance of the goods, the customer must necessarily check the integrity and condition of the packaging, the correctness of the preparation of documents (including customs documents), the compliance of the items of the inventory with their actual presence. All verification work must be carried out only in the presence of a representative transport company, which should draw up an act of acceptance and transfer. This document reflects information about the condition of the cargo, as well as any damage or inconsistencies. In this case, the client may either not accept the goods, or make a complaint to the head of the carrier.

You can download a sample claim for cargo transportation on the website of our company, but for greater convenience, we recommend that you familiarize yourself with the sample sections, which must be filled out informatively and in detail:

Date and place of receipt of the goods;

Detailed information about the recipient: registration address of the legal entity, passport details of the representative of the company that discovered the damage;

The cost of the delivered cargo, reflected in the official documentation;

Data on the actual condition of the goods - the presence and degree of damage;

The reasons why the cargo was damaged, if it can be established immediately without an examination.

The claim for damage to the goods during transportation is signed by both parties, and the date of preparation is also indicated. It is necessary to indicate in a separate paragraph that if the management of the transport company does not try to resolve the conflict voluntarily, the customer will be forced to defend his rights in court. One copy is sent to the name of the head of the transport company, the second remains with the customer. The copy of the client must be signed by a person who is authorized to conduct pre-trial negotiations on behalf of the carrier. If the shipping company refuses to accept a claim for damage to the shipment, be sure to send a copy by registered mail. This will later be used in court as evidence that the injured party offered a voluntary settlement of the conflict.

Sample license

(downloads: 201)

View online file:

List of required documents

In order for the submitted claim to be as complete and informative as possible, it must be accompanied by documents proving the existence of a contractual relationship, violation of delivery times or damage. This list includes:

Contract between the client and the carrier;

Receipt or check confirming the fact of payment for the services of the transport company;

The act of acceptance and transfer of goods indicating the degree of damage to the goods.

In some cases, it will be appropriate to attach to the text of the claim a photo or video recording of damage to the cargo. It is important that the shooting is carried out not only in the presence of a representative of the carrier, but also that he gets into the frame.

When can a claim be made?

When concluding a contract for the provision of transport services, not all customers take into account that, due to unforeseen circumstances, deadlines may be violated, and the product may deteriorate. At the time of discussing the terms of the contract, such points are usually agreed in advance, and the carrier tries to resolve the conflict voluntarily and not bring it to legal proceedings. This does not prevent the customer from writing a claim, because this right is retained by Article 797 of the Civil Code of the Russian Federation. The injured party is obliged to make an attempt to agree on compensation for material harm by filing a claim, but if this attempt turned out to be useless, a statement of claim must be prepared in court.

According to the current legislation, the owner of the cargo has the right to refuse to receive the act and draw up a written claim if:

As a result of the inspection, the integrity of the package was revealed;

The contents of the container do not match the description provided;

Delivery was made with a delay, which is confirmed by the attached contract for the conclusion of services;

The contents of the shipment are inoperable, damaged or damaged.

Terms of filing a claim against the transport company

The deadlines for filing a claim under applicable law can vary greatly, which is determined by a number of important factors:

The reason why the cargo is damaged or delivered in violation of the delivery time;

The type of transport by which the transportation was carried out;

Other stipulated conditions in the contract.

It must be remembered that a statement of claim can be filed with the court only after the settlement of the conflict by filing a claim has not brought results. Here, an ambiguous situation may arise when the head of the transport company deliberately delays the answer, and the client has a statute of limitations for going to court. In this case, before the expiration of the period for filing a claim, it is impossible to apply to the court. To ensure that such factors do not prevent you from receiving lost profits and compensation for damaged goods, you must clearly remember the following deadlines for filing claims. They are regulated by regulations legal acts, approved by the Government of the Russian Federation:

In case of loss of cargo - 30 days from the date of discovery of the defect;

In case of loss of cargo during transportation by air - 10 days from the date of discovery;

In case of loss of cargo during transportation by various means - 120 days from the date of discovery;

In case of cargo damage - within 180 days;

In case of violation of the delivery time - no later than 3 months after the date specified in the contract.

If damage to the cargo or visible defects is detected, the client can recover the material damage caused from the transport company within six months. As for the penalty, the limitation period for it is much less - only 45 days. The term for consideration of the submitted complaint by the representatives of the carrier is no later than 1 month. As regards international cargo transportation, in case of violation of the delivery time, the customer is obliged to send a complaint within 21 days from the date of discovery of the damage. If we are talking about the loss of cargo, the period for filing a claim is extended to one and a half years!

Written claims can be sent in the following ways:

Personal appeal to the representatives of the carrier. The client makes a claim in duplicate and applies to an authorized representative of the company. After accepting the complaint, the responsible person puts his signature on the customer's copy. If this trifle is neglected, then in the future such a claim will not have legal force for the court. The paper must be certified with a signature with a transcript, date and seal of the legal entity (if any);

Mailing. If the client does not have enough time to contact the carrier or the company's office is located in another region, send a complaint by registered mail with a mandatory notification of receipt. It will serve as proof that the transport company has received the claim. If the head of the carrier refuses to accept the claim or sign it, mailing is the most efficient way.

The specifics of the dispute in court

If you have not succeeded in statutory the term to resolve the conflict with the transport company, and the limitation period has not expired, we advise you to use the advice of our lawyers and jointly prepare an application to the court. The main thing is to correctly formulate the claims and prepare the necessary evidence base. An experienced lawyer will take care of this, but first, pay attention to the form for filing a claim. This document must contain the following items.

Using the services of a transport company, you have to take risks: your cargo can be stolen, damaged, or spoiled during transportation.

The organization engaged in transportation is responsible for the safety of the cargo transferred to it in all respects. If you are not satisfied with the delivery of the goods, or its terms, then you have every right to apply to the carrier company with a claim for damages.

In accordance with the current legislation, this pre-trial procedure is mandatory. And it must be observed before you decide to file an application with the court.

A claim to the transport company can be filed both for damage and loss of cargo, and for the fact that the terms of delivery and delivery of goods have been violated.

Deadlines for filing a complaint

A lot of time is spent on the delivery of cargo, there are times when it has to wait for months. Luggage can stand idle in warehouses, move from one vehicle to another, and it is not known in what condition it can be delivered. And its integrity can be determined only by the arrival "home".

According to transport codes and charters, complaints against the carrier must be submitted within 6 months, claims in relation to fines and penalties - within 45 days.

So:

If your shipment is lost, you can file a complaint after 30 days from the time it was delivered;
When transporting cargo by air - 10 days after the expiration of the delivery period;
If the cargo was delivered by direct mixed traffic, then the claim is made 4 months from the date of its acceptance for transportation;
When the delivery of the cargo is delayed, or it is damaged / partially lost, then a complaint should be filed on the day it was issued.

If you did not meet the deadlines, then the company can still accept your claim, if the reason for which this deadline was missed is considered valid.

The law determines that the carrier company must consider your claim and give an answer to it after thirty days have passed from the moment the complaint was filed with the appropriate organization. If the answer is not received within the specified period, then you can safely go to court.

Making a claim

Complaints to transport organizations are drawn up in the likeness of any other similar documents.

The data of the parties who have concluded a contract of carriage between themselves is indicated, you should briefly mention the obligations of the relevant organization and then describe in detail the situation that happened with your cargo.

Determine the amount of damage and establish time limits for which the carrier company must compensate for losses.

In addition, it should be indicated that if your requirements are not met, then you will file a lawsuit in court.

The complaint is made in two copies, one is sent to the relevant company, the second is kept by you. And if after 30 days after the filing of the complaint the answer was not received, then it would be useful to involve a lawyer and go to court.

Below is a standard form and a sample of a transport claim, the version of which can be downloaded free of charge.

Sample letter to a shipping company. Grounds for filing a complaint. Terms of filing and consideration of a claim to the carrier. It is necessary to make a claim for damage to the goods correctly. You need to start with the act of receiving the goods. As in the case with courier delivery, the driver will ask you to sign your form, confirm the receipt of the parcel.

reasons for the violation;
type of transportation, transport;
conditions prescribed in the contract.

The claim procedure is mandatory before filing a claim with the transport company. Therefore, it is necessary to plan the filing of a complaint in such a way that the period when it will be considered ends before the limitation period. In relation to transportation, it is one year.

The law prescribes the following time limits for filing a complaint:

In case of loss of cargo - 30 days after the end of the delivery period or 10 days for delivery by air. With a mixed method - 4 months after receiving the goods.
In case of damage - from the moment of receipt of the goods.
In case of violation of the agreed delivery time - the day when the delivery time ended.

A claim for property damage must be filed within 6 months. To recover fines, debts, penalties, arrears, debt obligations of the supplier, you must submit a claim within 45 days.

The term for consideration of the complaint by the transport company is 30 days from the date of receipt.

If the applicant does not receive a written blank response within the required time, it is possible to file a claim with the court.

For international air freight, the rules are somewhat different. The claim for non-compliance with the terms of the supply contract is limited to a week for baggage and two weeks for cargo. In case of non-observance of delivery terms, the period is 21 days. In case of loss of luggage - 18 months.

In what cases can I file a claim with a transportation company?

When ordering a shipping service, few people think that something can happen on the road. But it happens that the parcel is delivered with damage or not delivered at all. As a rule, cargo carriers meet the needs of their customers, and the issue is settled amicably. But a claim must be made.

According to Art. 797 of the Civil Code of the Russian Federation, before writing a statement of claim to the court, the client must apply to the transport company with a claim. A claim against the transport company is the main tool for protecting the rights of the client. After all, drivers often do not admit guilt, and transported items are rarely insured. The claim must be drawn up correctly and be based on a bilateral act of acceptance of the goods.

When receiving a parcel from a courier or from a warehouse, first of all, you should carefully examine the condition of the package, then open and check the contents. If damage is found, an act is drawn up, which describes in detail all the defects and circumstances.

What is the basis for drawing up an act and filing a claim?

The following reasons are legally fixed:

Compiling a claim must be substantiated by objective and reliable facts.

How to write a claim to a transport company?

You have received the cargo, before signing the documents on acceptance of the cargo, you need to inspect it, namely the integrity of the packaging, the cargo, check the documents for the cargo. If you see that your cargo is damaged, then you should indicate this in the document, namely in the act (fill in two copies) in the presence of a warehouse employee. Take photographs, fix the damage (possible by video recording). After you have done everything that I have indicated to you, then you make a claim against the carrier.

To draw up an act and a claim, the legislator fixed the reasons for us:

Damage to packaging or cargo;
Detected discrepancy in the number of seats;
Violation of pre-agreed delivery dates;
Damage to contents in transit.

Compilation must be substantiated and documented, as well as be based on regulatory legal norms. It can be compiled both in simple written form and in printed form. In the claim itself, indicate in the header the name of the consignor, address, and information about the TIN and PSRN. Please enter your details below.

After that, indicate in the claim when, on what date it was received, what document was drawn up (supply agreement No. 000 from 0000), the parties.

Indicate that violations were detected upon receipt of the goods (indicate them). Further, the normative substantiation of the claim, and the pleading part.

In the requesting part, you can demand a refund, a reduction in the amount of the delivered goods, or a replacement. also in the requesting part, indicate the period for considering a claim of 30 days, this applies to the period for considering a consumer claim, only there it is two times less.

You are waiting for a response to the claim, and if it is not received or is refused, then feel free to file a claim with the court.

USEFUL: watch more tips on filing a claim in our video

Where else can you complain?

In addition to the management of the transport company, ships can complain to other regulatory authorities.

You need to choose a unit based on the type of transport used to transport cargo:

state safety inspection traffic;
transport prosecutor's office;
Russian consumer supervision;
other authorized departments.

Such bodies accept claims and consider them within thirty days from the date of filing. If the complaint is of a financial nature, representatives of the agency initiate a civil dispute. However, further investigation should be carried out independently, without resorting to the help of these specialists.

In the case of resolving financial disputes, recovering the amount of the penalty to the customer whose rights have been violated, one should go to court. If the amount of the claim is less than 50 thousand rubles, then the application is submitted to the justice of the peace, if the value of the claim is more than 50,000 rubles, then the application is submitted to the district court.

In fact, the applicant does not want to punish the management of the transport company, but is trying to recover from him the amount of damages or compensation for the inconvenience.

Where else can you complain?

It often happens that an unscrupulous carrier unreasonably refuses compensation, ignores an appeal, or even cheats. In this case, it is worth involving authorized state services. A complaint about the loss or damage to cargo is a very peculiar thing, and only two places will be able to help you with it: Rospotrebnadzor and the court. Let's talk about them in more detail.

Sample and content of the claim

How to write a claim to a transport company, what sample? The claim letter is written in free form, but it must contain:

contact details of the recipient, carrier;
date and department that received and issued the parcel;
the amount of the goods;
the time required for delivery;
payment for transport services;
description of damage, loss or late shipment;
causes of violations in the work of the company, etc.

Examples and templates for writing claims can be asked from an employee of a transport company or downloaded from the official website of the legislation of the Russian Federation. Fill out the forms according to the samples.

The claim of the transport company about the loss of cargo, its sample

to CEO Transit LLC

Petrov A.V.

From OOO "Micro"

Address: Moscow, st. Sedova, 11.

On April 17, 2019, a contract was signed between Micro LLC and Tranzit LLC for cargo transportation by car.

On the basis of clause 1.5 of the contract, application No. 5 of the consignor dated April 25, 2019, the carrier accepted cargo for transportation - tables in the amount of 40 pieces. The cost of the cargo is 200 thousand. rubles.

This cargo was not received, which is confirmed by notification No. 10 dated April 30, 2019 and an act of loss of cargo No. 3.

According to the contract and article 796 of the Civil Code of the Russian Federation, it is requested to return the money in the amount of the cost of the lost cargo - 200 thousand rubles. Reimbursement of the cost of the carriage fee - 50 thousand rubles.

If the complaint is not satisfied, we will go to court with a claim.

Signature Date

Shipping Claim Sample Compilation

to CEO

Auto LLC

Ivanov O.A.

Address: Moscow, st. Gogol, 10

According to the agreement of the transport company N 8 dated April 16, 2019, Avto LLC assumed an obligation related to the transportation of goods, according to the receipt N 4, the name of the cargo is watermelons.

Weight 1 ton, cost 300 thousand rubles. Departure point - Astrakhan. The sender is Avto LLC, date. Point of arrival - Moscow. Recipient - NII LLC, date.

I ask you to compensate the damage for damage to the goods, the discrepancy in weight - in the amount of 300 thousand rubles.

Director Signature Date

Claim to Rospotrebnadzor

Rospotrebnadzor - public service, which oversees the work of all legal entities offering services and goods to the public. Since the transport company undertakes to transfer your cargo for money, it provides you with a service and, as a result, is obliged to obey this organization and its service standards. So if you have become a victim of poor-quality transportation, you should contact Rospotrebnadzor. This can be done by means of a written request, which has strict form and, unlike the claim to the transport company itself, is written in a strict order.

header. Contains:
1. Address and full name of the department of Rospotrebnadzor;
2. Name and address of the applicant;
3. Contacts;
Information part. Contains:
1. The name of the transport company to which you applied for transportation;
2. Description of the service provided to you, number, date of performance and other relevant information;
3. A description of your complaint, the nature of the damage sustained by the shipment, the estimated cost of loss or damage;
4. A list of actions you have taken to reach a peace agreement and the reaction of the transport company;
5. Your requirements to Rospotrebnadzor and their justification;
Conclusion. Contains:
1. List of attached evidence: a copy of the contract, a claim to the transport company, a response letter, photographs of damage, appraisal certificates, etc.;
2. Signature;
3. Date of application.

Information You can also send an appeal in three ways: personally contact the department, send a complaint through a representative, or send it by registered mail. Rospotrebnadzor has 30 days from the date of receipt of the appeal to consider the claim, during which they will be required to provide an official written response. If a decision is made in your favor, the transport company will be obliged to partially or completely satisfy your requirements within the prescribed time limit.

Compensation for damage by the transport company

It must be said right away that you can claim not only the amount in which the cargo was estimated, but also the damage caused by other actions of the transport company.

For example, if the enum Money, for damage to the cargo was not made in deadlines. In addition, if the recipient of the cargo did not wait for the delivery, then the transport workers are obliged to compensate for the damage associated with the payment for the transportation.

Here it is necessary to consider one more circumstance. When claiming damages, supporting documents are required. Both the existence of the damage itself and the amount claimed for compensation must be justified.

The assistance of experts from other fields, such as experts, may be required to obtain confirmations. To organize the process of proving with the greatest efficiency, you need to use the opinion of qualified lawyers. Call us.

When can I complain about the carrier, logistics company?

Protection of consumer rights in the field transport service and arbitration disputes between entrepreneurs-customers and logistics companies provides for the possibility of filing a claim and claiming damages in the following cases

claim of the transport company for damaged cargo
shipping company claim for delayed delivery
claim of the transport company for the loss of cargo

In addition, there are cases when transport companies charge for non-existent packaging, for returning documents, and so on, without actually providing these services. When making a claim, it is necessary to understand in advance that it will be considered from the point of view of compliance with the contract with the carrier and the law. Often, customers are outraged by the discrepancy between the terms of transportation and those indicated in the preliminary calculation, announced by the operator, and so on, but in this case the case will be obviously losing.

And also our lawyer has repeatedly encountered other disputable situations in the field of transportation. The lawyer will resolve a different dispute with a logistics company: professionally, on favorable conditions agreements to provide legal services, in compliance with all agreed terms of work. If you decide to act on your own, then carefully read all our recommendations in this material.

Grounds for making a claim against the transport company

Transport company is a company engaged in organizing the transportation of goods from the consignor (client) to the consignee.

The activities of transport companies are regulated by the Civil Code of the Russian Federation, Chapter 41 (Articles 801 - 806), the Federal Law "On Forwarding Activities" dated No. 87-FZ (hereinafter referred to as the Law on Forwarding Activities).

In accordance with paragraph 1 of Art. 801 of the Civil Code of the Russian Federation between the transport company (forwarder) and the client, the consignor or consignee, a freight forwarding agreement is concluded, according to which the forwarder undertakes to organize the transportation of goods.

The freight forwarder is liable to the client in the form of compensation for real damage for non-fulfillment or improper fulfillment of obligations under the freight forwarding contract, unless he proves that this happened due to circumstances that the forwarder could not prevent or the elimination of which did not depend on him (clause 1, article 7 Law on Forwarding Activity).

TO improper performance of obligations under the contract transport expedition include:

loss of cargo;
shortage of cargo;
damage (spoilage) of the cargo;
violation of the delivery time.

According to Art. 12 of the Law on Forwarding Activities in case of non-fulfillment or improper performance obligations of the freight forwarder under the contract of transport expedition must be sure to file a claim before going to court.(with the exception of the provision of forwarding services for needs not related to the implementation of the client entrepreneurial activity).

Deadlines for filing and reviewing a claim

The absence of a letter of claim from the transport company makes it impossible to file a lawsuit, so the sequence of actions is required. When filing a complaint, the carrier should take into account the peculiarities of presenting claims arising from the carriage of goods. It is important to observe the claim procedure in order to avoid the expiration of the limitation period, in the case of transportation, it should not exceed one year. The time for submitting a complaint depends on several factors such as the type of transfer, transport, contract terms. Thus, the law regulates the time limits for filing a claim:

in case of damage to the cargo, you can declare it immediately after receiving it, fixing the fact of damage to the property on the spot;
in case of loss of cargo - after 30 days from the last date of the proposed delivery, after 10 days if it is about delivery by air, and in mixed traffic - after four months;
in case of violation of the delivery time - from the date of delay.

A claim for damage to property must be made no later than six months, and for the recovery of monetary compensation, it must be filed within 45 days. The carrier can consider the claim within no more than 30 days in accordance with the accepted norms of the law. In addition, clear deadlines can be spelled out in the contract. During this period, but no later than its end, the client is given a written response. The carrier may also offer alternative ways to resolve the issue. If, nevertheless, a response has not been received, you can immediately go to court, attaching to the claim, including a copy of the claim and a document confirming that the paper was sent to the carrier.

International air travel is subject to different rules. Thus, the claim is limited to a week for baggage, two weeks for cargo. In case of delay in delivery, the period will be 21 days, and in case of loss of luggage - 18 months. There are several ways to submit a complaint to the carrier, for example:

Personally bring a complaint to the office of the company, where an authorized employee, when accepting the paper, must put a mark, as well as certify the document with a signature, seal and indicate the date.
By mail. In this case, it is better to do this by registered mail with acknowledgment of receipt, which should be retained as proof of delivery of the claim to the carrier. It is possible to exclude the possibility of the carrier's assurances in court that there was no claim in the envelope by sending a letter with an inventory.
In some cases, it is possible to apply online.

In practice, many carriers are unwilling to compensate for the damage caused, deliberately delaying the deadlines, shifting responsibility to the sender, and some even cheat. You can also fight misconduct with the help of a lawyer who is authorized to represent you and file a complaint himself, as well as immediately record violations, for example, if the carrier refuses to accept the claim.

How to file a claim online?

In addition to a written complaint to the transport company about the loss or damage to the cargo, you can file an appeal in two more ways - by phone or via the Internet. The first method is already quite outdated, and the operator's help always consists only in the fact that he will tell you basic information and direct you to the same site. Therefore, we will immediately move on to online claims.

As a rule, each major transport company has its own website, which has a section for filing complaints. In it, you can leave your appeal in a special form, attaching photos and scans of documents as evidence. Such an operation also has its positive and negative features: such applications are considered the fastest and no special preparation and effort is needed to prepare them. But such complaints most often remain unanswered, and after their consideration, you will not have documentary evidence of filing a claim for loss or damage to the cargo.

In what cases can you file a claim with the carrier company?

A claim for non-fulfillment of the terms of the delivery contract to the carrier company is the main type of protection for the buyer's rights, since drivers very often do not admit guilt, and besides, things for transportation are rarely insured.

It is necessary to correctly draw up a claim, which is based on the act of receiving the product bilaterally.

The law establishes the following reasons for which you can write a statement:

The cargo and packaging was damaged.
The delivery time agreed earlier has been violated.
Contents damaged in transit.
Loss of goods.

For example, PEK is one of the the best companies for the transportation of the country. But unfortunately, one can meet negative feedback about the delay in the delivery of goods, and other violations of this company. Faced with similar situations, you can write a claim.

Filing a complaint online

If the transport company through which the client ordered the delivery of the goods is large, as a rule, it has its own website. Online stores also regulate the delivery of goods. There is a section for accepting claims from customers.

Legal advice online for free around the clock.

For information on how to file a claim for damages, click here.

Is it possible to file a claim without a claim, read the link:

A special form is provided, which can be printed later. Attached are additional documents in electronic format, photos, videos. As a rule, an online complaint is considered quickly, ahead of the due date for consideration of citizens' appeals.

Important! However, most often the employees of the transport company do not want to respond to the client on such a claim. But if you print a sample and turn to a specialist for its assurance, you can safely go to court or Russian consumer supervision.

How to write a claim

The transport company is responsible for the integrity and safety of the delivered cargo. In case of violations, the customer has the right to write a complaint and receive compensation for the inconvenience. In addition, the transport company is obliged to pay damages. If the manager refuses to perform duties, the customer can file a lawsuit.

Important! When concluding a supply contract, the transport company has a responsibility to the client. In case of untimely delivery of the goods or damage during transportation, the carrier is obliged to compensate for the losses and pay compensation for the inconvenience caused.

Upon receipt of the cargo, the customer checks the integrity of the packaging, the reliability and correctness of the preparation of documents, as well as the compliance of the inventory items with the actual availability.

Verification work is carried out in the presence of an employee of the transport company, after which an acceptance certificate is drawn up. It displays information about the condition of the cargo. If discrepancies or damage are found, the client has the right not to accept the goods or write a claim to the address of the head of the vehicle.

The complaint must contain the following information:

place and date of delivery of the goods;
information about the recipient, his passport data, address of registration;
the price of the delivered cargo, which is reflected in the official documentation;
information about the condition of the cargo, the presence or absence of damage;
for what reason the cargo was damaged, if known.

The claim is signed by both parties, the date of its preparation is affixed. It reflects the information that if the head of the transport company does not wish to peacefully resolve the conflict, the customer will be forced to go to court.

The document must be drawn up in two copies. One remains with the customer, the second is sent to the name of the head of the carrier. The customer's document is signed by a person entitled to respond on behalf of the transport company, confirming the acceptance of the complaint.

If for any reason the carrier does not wish to accept the claim, a copy should be sent by registered mail. The notification will serve as proof that the organization has received the complaint.

Attention!Our qualified lawyers will assist you free of charge and around the clock on any issues.Learn more here.

In what cases can a document be submitted

When ordering the “transportation of goods” service, not all customers think about the fact that unforeseen circumstances may happen on the road. The product deteriorates, the service is delayed. As a rule, when drawing up a contract, the nuances are negotiated in advance.

In this case, the transport company does not bring the matter to court proceedings, but tries to resolve the conflict peacefully. However, under any circumstances, if a malfunction is found, it is worth writing a claim.

The rule is regulated by Art. 797 Civil Code Russian Federation. In accordance with the legislation of the Russian Federation, the customer is obliged to try to independently agree with the head of the transport company on compensation for losses by submitting a written claim.

If an amicable agreement cannot be reached, one should go to court with statement of claim.

The claim is made on a clean sheet, without blots and damage. The text reflects the essence of the problem, written in a competent, understandable Russian language. Signed by both parties.

Upon receipt of the cargo, first of all, the integrity of the package is examined, after which it is opened and the contents are checked. An act of acceptance and transfer is drawn up, which reflects all the nuances of delivery, damage, inconsistency with the inventory.

The services of transport companies are in demand in various spheres of life. And sometimes they have to trust valuable things that are not so easy to transport. When ordering cargo transportation services, there is always the possibility of some complications that are associated both with the quality of work of a particular transport company and with the very complexity of the order. And, of course, there is always the possibility of receiving your parcel damaged or not receiving it at all.

In this article, we will talk about how to file a claim against a transport company if the cargo was damaged or lost during transportation. We will consider in detail the claim for a peaceful settlement of the issue, as well as tell you how to protect your interests with the help of the state.

How to write and submit a claim?

If you want to resolve the issue with the transport company quickly, without any problems and without involving specialists from government services, then you should start with a written appeal to the transport company itself. It is quite simple to write such a claim for loss or damage to cargo - it has a free form, you can describe the complaint in it in any way convenient for you. But at the same time The structure of such a claim is quite strict:

header. It will need to indicate the name of the transport company or its branch, the full name of the head and the data on the applicant: full name, address and contacts;
Information part. Contains general information about the transportation operation itself, an indication of damage or loss of cargo, requirements for the transport company and the rationale for these requirements;
Conclusion. It contains a list of papers and evidence attached to the claim, as well as the applicant's signature and the date of filing the appeal.

At the same time, you need to prepare two copies - one will remain with you, and the other will need to be transferred directly to the office management company. This can be done by mail (be sure to take the receipt of sending and receiving the letter), by personally contacting the branch or by submitting a claim with the help of a representative with a power of attorney.

Information

Such a loss claim has its advantages and disadvantages. The positive features include ease of filing, no need to involve third parties and a fairly quick consideration of the complaint. The disadvantages are the lack of efficiency (such a claim can simply be ignored) and the refusal of many transport companies to accept the photo and video evidence you have.

How to file a claim online?

Where else can you complain?

Claim to Rospotrebnadzor

Rospotrebnadzor is a public service that oversees the work of all legal entities offering services and goods to the population. Since the transport company undertakes to transfer your cargo for money, it provides you with a service and, as a result, is obliged to obey this organization and its service standards. So if you have become a victim of poor-quality transportation, you should contact Rospotrebnadzor. This can be done using a written appeal, which has a strict form and, unlike a claim to the transport company itself, is written in a strict order.

header. Contains:
1. Address and full name of the department of Rospotrebnadzor;
2. Name and address of the applicant;
3. Contacts;
Information part. Contains:
1. The name of the transport company to which you applied for transportation;
2. Description of the service provided to you, number, date of performance and other relevant information;
3. A description of your complaint, the nature of the damage sustained by the shipment, the estimated cost of loss or damage;
4. A list of actions you have taken to reach a peace agreement and the reaction of the transport company;
5. Your requirements to Rospotrebnadzor and their justification;
Conclusion. Contains:
1. List of attached evidence: a copy of the contract, a claim to the transport company, a response letter, photographs of damage, appraisal certificates, etc.;
2. Signature;
3. Date of application.

Information

You can also submit an appeal in three ways: personally contact the department, submit a complaint through a representative, or send it by registered mail. Rospotrebnadzor has 30 days from the date of receipt of the appeal to consider the claim, during which they will be required to provide an official written response. If a decision is made in your favor, the transport company will be obliged to partially or completely satisfy your requirements within the prescribed time limit.

Sample

You can download a sample claim below:

Sample Documents

lawsuit

If they couldn’t help you in Rospotrebnadzor, or the transport company refused to comply with the decisions attributed to this service, then you have the opportunity to demand justice in the highest instance - the court. In order to report a violation and initiate a case, you will need to draw up a statement of claim, which is almost completely similar to the complaint to Rospotrebnadzor described above (the name of the responsible officer from the court will not need to be indicated in the title). After the application is submitted, proceedings will be initiated, during which you will need to prove that the damage was caused by the fault of the transport company, and its refusal to compensate is unreasonable. We strongly recommend that you hire a lawyer, as a lawyer is guaranteed to be present on the part of the transport company.

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Did you receive your item in a damaged condition? Unpleasant situation. But since this happened, it is necessary to take all measures to restore justice.

In this scenario, a prerequisite for a successful solution to the problem will be a claim to the transport company about damage to the cargo. Drawing up such a document, with its transfer to the transport company for consideration, is one of the most effective ways not to suffer financially.

Legislation

All transport cargo transportation Civil Code Russian Federation. Contracts for the delivery, transportation of goods fall under the norms of Chapter 40. It contains general rights and the obligations of the carrier and the consignor with the consignee, the responsibility of the parties in various cases and when transported by different vehicles.

The Railway Charter of the Russian Federation regulates the carriage of goods by rail. VK RF and Federal Aviation Rules air transportation passengers, baggage, cargo and requirements for servicing passengers, consignors, consignees - air cargo transportation.

water internal code The Russian Federation regulates all cargo transportation by water.

The charter of automobile and urban land electric transport should be guided by the preparation of a claim for poor-quality transportation of goods by truck.

Transport outside the country (international) is subject to Incoterms. Both parties are guided by its conditions when writing claim letters.

Cargo transportation is a carrier's service, and in this area of legal relations it falls under the regulation of the Law of the Russian Federation "On the Protection of Consumer Rights" (Articles 27 and 28).

Grounds for Complaint

You can complain about any negative factor, even if you were rude during unloading. But mandatory conditions to formalize it, a little and they are defined by law:

Damaged packaging and seals, including the cargo.
A loss.
Late delivery (delay).
Delivery not in accordance with invoices (underdelivery in terms of quantity and assortment).

Based on the circumstances, a claim is filed against the transport company, taking into account the nuances.

Damage

In most cases, it is possible to determine the damage to the cargo only upon receipt, therefore the claim is prepared by the recipient's enterprise. But if the goods deteriorated due to violation of the rules of loading (glasses were broken, something was torn, etc.) or the vehicle carelessly drove up to the loading, which caused damage to it, then the sender can file a claim.

A simple written form with all the required details.

Cannot set cases of damaged cargo in different deliveries submit in one request. For each damage during delivery, a separate act and claim should be drawn up. Damage is confirmed by photo, video, expert opinion.

A loss

The initiator of the dispute on the loss of cargo should be the company that transported and managed to lose it.

If there is a suspicion that the goods are stolen, it is the company transporting it that must write a statement about the theft. Along with this, she must inform the sender and recipient of the goods.

If the company is set up for further business cooperation, then compensation for loss should come from it. If the cargo was insured in case of loss, then the carrier collects documents together with an employee of the insurance agency to justify the payment.

Delay

If the cargo is delayed, then each day of delay involves the payment of a penalty or a fine. Within the framework of the Civil Code of the Russian Federation, in this case, recovery is provided not only for real damage, but also for lost profits.

The benefit is documented by a copy of the broken sales contract. Damage and collateral damage is confirmed not only by the counterclaim from the real buyer, but also by the payment order for payment for the goods and their delivery.

Water transportation provides for a fine of 9% of the shipping cost. Each day of delay is calculated, but not more than half of the cost of delivery.

When signing a supply contract, attention should be paid to liability for late delivery, the amount of penalties and fines and when they are charged.

Shortage or underdelivery

There is a shortage quite often. This may occur due to careless handling or deliberate illegal actions of the carrier's employees, who expected that the recipient would not report the shortage of goods.

Substantiate complaints, draw up a letter of claim, in this case it is mandatory.

They didn't bring it

During the acceptance of the product, it became clear that part of it was not lost, and did not correspond to the bill of lading. To begin with, an act on the discovery of deficiencies is also drawn up.

Within the framework of Article 518 of the Civil Code, a claim for the replacement of goods with the right one is made to the supplier and at his expense, if he does not prove that he sent everything in accordance with the invoice.

Cargo transportation is a demanded service, everyone directly or indirectly encountered the services of a transport company. Many carriers offer their services and try to perform them qualitatively.

But there are cases in which the goods are damaged or not delivered on time.

In such situations, the claim of the transport company about the delay in delivery helps to solve the problem - a sample of the competent preparation of which we will consider.

When sending goods by a transport company, the customer runs the risk every time. During transportation, circumstances are not ruled out in which the sender's goods may be damaged, spoiled, irretrievably lost.

Cargo transportation is a service in demand these days. So it turns out that you often need to transport something. Someone moves to a new place of residence, and it is necessary to transport the contents of the apartment.

Someone transports parcels constantly from one city to another, sells them. someone bought good thing and wants to be brought from the store. Someone needs to carry the luggage.

Unfortunately, we often encounter modern man with a situation such as damage to the goods in transit. Highways are full of cars and anything can happen along the way.

What to do in a situation if the parcel was delivered in poor condition, or not delivered at all? File a claim with the transport company, because firms promise to always meet the needs of customers, this often happens.

However, the thing is not always insured, and the driver agrees that the damage to the cargo is his fault. Sometimes you have to prove your case, insist on your rights.

But according to the law, before filing a claim with the court, you should send a complaint to the transport company, which is indicated in article 797 of the Civil Code of the Russian Federation.

What you need to do before filing a claim for damage to goods during transportation

According to the law, an act of receipt of goods with damage or in a damaged form must be drawn up at the request of one of the parties. The second party, in turn, has no right to ignore this requirement or refuse it. Employees of the organization should contribute to the resolution of the issue, regardless of whether they agree with the claims made or not.

A company providing cargo transportation services acts as a subject if the client who applied to the transport company did this:

On their own initiative;
Through the office of the organization;
I ordered a car.

In practice, you can meet situations when the head of the store in which the sale of bulky goods takes place pays for the services of a transport company. In this case, employees of another organization are responsible for the delivery, and the consumer only receives the delivery of the goods at the expense of outlet. When drawing up the act, pay attention to this aspect and address the claim to the subject or its contractor.

According to the rules, a claim to a transport company is drawn up on the basis of an act and a number of other documents. These may include a photo of evidence of damage to the cargo. That is why the first thing to do when detecting breakdowns in the delivered cargo is to take a photo. It is desirable that the date, time and form of the act be reflected on the frames. In this case, the photos will serve as excellent evidence of the guilt of the trucking company.

In order to avoid an unpleasant situation when a signature for the received cargo was put, but in fact you found a breakdown, carefully study all the documents. Remember that it will be much more difficult to prove something if you have already signed for the accepted goods.

How to write a claim to the transport company about damage to the cargo

Before proceeding to the discussion of writing a claim, it is necessary to touch on the moment damage was discovered. This is by no means an unimportant aspect. Damage can be detected after receiving the shipment.

For example, upon opening the package, a crack on the glass of the door will become apparent. In this case, the process of proving the fact that the recipient of the cargo was not involved in damage to it will be very difficult.

A very important point is the contract on the basis of which the goods are delivered. Namely, whether it is delivered by agreement of transport workers with the manufacturer (seller) of the property or with the recipient.

In the first case, the carrier is a subcontractor, and in the second case, the entity providing transport services.

The indication at this point is intended to emphasize the importance of establishing who exactly is responsible to the consignee. It depends on who should write a claim that the cargo was damaged during road transport.

It often happens that the carrier is not to blame, the goods were initially defective, but the marriage was hidden by the packaging. Under such conditions, it may be necessary to prove your non-involvement in the damage to the goods, and write that it was of poor quality initially. So, when accepting cargo, these circumstances must be taken into account in order to minimize risks.

Contacting the bank

Before starting enforcement proceedings, it is worth trying to resolve the issue through the bank serving the carrier. There you should submit an application for debiting funds from his account, attaching the original writ of execution to it.

And if the transport company has funds in its accounts, they will be transferred to the account of the plaintiff (the injured party). Otherwise, the writ of execution will be returned to the recoverer.

If the option with the bank did not lead to a positive result, then compensation for the cost of the lost cargo will have to be carried out with the help of bailiffs.

For this, a separate application is being prepared on the commencement of enforcement proceedings. It is submitted to the FSSP authority at the location of the carrier.

This should be done for several reasons.

A cargo transportation lawyer, after studying all the documents, can correctly apply the norms of the law in pre-trial proceedings with a transport company and hearing a case in court.

Having studied the situation in detail, he will take into service the materials of judicial practice. Agree that knowledge of precedents can play an important role in a dispute with a transport company and other carriers.

In addition, a specialist will help to make all Required documents, which will record the loss of cargo. After all, the final result of the dispute depends on the correctness of their design.

Also, the lawyer will be able to build the correct tactics of the trial and prove the correctness of his client during it. It also happens that a specialist must enter into an already existing process. Then he will first get acquainted with the case and form his own position in favor of the client.

If necessary, a lawyer in a dispute with a carrier will prepare an appeal or cassation complaint. If the carrier intends to appeal the decision, the lawyer will prepare reasonable objections.

The conclusion of an agreement between the client and the carrier implies the responsibility of the parties, and in case of failure to comply with the prescribed conditions, claims are the norm. Compliance of the information specified by the sender in the documentation with the actual characteristics of the cargo is checked by the transport company.

If the carrier has accepted the object for the execution of its delivery, until the moment of delivery to the recipient, he is responsible for it. It is important to initially try to come to an agreement without involving government bodies by writing a letter of complaint directly to the carrier, which is regulated by the Civil Code of the Russian Federation, Art. 797 "Claims and lawsuits under the contract for the carriage of goods."

Cargo transportation has become an important part of business today. Due to the variety of delivery methods and Vehicle any object can be transported from one point to another.

The transfer of cargo is a responsible event that requires careful implementation of all actions to organize and carry out.

The right approach to business allows minimizing risks, but even if all conditions are met, no one is immune from unforeseen circumstances and related consequences in the form of damage to the product, its packaging or loss, because there is no one hundred percent guarantee even when all existing security measures are taken. If you do not question the professionalism of the employees of the transport company, the circumstances that have arisen on the route can always influence.

How to make a claim in case of non-compliance with the conditions of transportation.

Since the goods are not always insured, and the carrier admits his fault and unconditionally compensates for the damage, sometimes you have to prove your case in other ways. First of all, the client draws up a claim under the contract of carriage, but if it does not take effect, then you can protect your rights in court.

A well-written complaint, backed up by factual evidence of the harm caused, usually copes with its task and the carrier satisfies the requirements of the client, if they are fair. Any inconsistencies in the condition of the cargo from the moment it was sent to its receipt (when it was nevertheless delivered, and was not lost during transportation) must be recorded in the acceptance certificate.

We invite you to read: Order on indexation wages in 2019 sample

To draw up an act and a claim, the legislator fixed the reasons for us:

Damage to packaging or cargo;
Detected discrepancy in the number of seats;
Violation of pre-agreed delivery dates;
Damage to contents in transit.

After that, indicate in the claim when, on what date it was received, what document was drawn up (supply agreement No. 000 from 0000), the parties.

Indicate that violations were detected upon receipt of the goods (indicate them). Further, the normative substantiation of the claim, and the pleading part.

You are waiting for a response to the claim, and if it is not received or is refused, then feel free to file a claim with the court.

Required documents as attachment

For a reliable reflection of the problem, documents should be attached to the written claim, which will serve as evidence of the fact of damage to the cargo or violation of the delivery time.

These include:

an agreement concluded between the carrier and the customer for the delivery of cargo;
check, receipt confirming payment for the services rendered;
an act of acceptance and transfer, which reflects the reasons for the client's refusal to accept the goods.

Please note! In addition to documents, you can attach a photo or video file that shows the existing damage. Shooting should be carried out in the presence of the delivery person so that he gets into the camera lens.

Sample letter to a shipping company

To (name of airline or squadron, address)

From whom______________________________________

Transport Claim

in connection with the breach of obligations

under a passenger air carriage agreement

On 01/09/2018, I purchased a ticket _____ for flight No. 102029 on the Yekaterinburg-Moscow route, which was supposed to take place on 01/09/2018 at 12:00. The flight did not depart because the flight was delayed until 01/10/2018 at 13:00. This fact confirmed by a note on the ticket.

According to paragraph 1 of Art. 103 of the Air Code of the Russian Federation, under a contract for the carriage of passengers by air, the carrier undertakes to transport the passenger of the aircraft to the point of destination with the provision of a seat on the aircraft making the flight indicated on the ticket, and in the case of air carriage by the passenger of baggage, also deliver this baggage to the point of destination. The term of delivery of the passenger and baggage is determined by the rules of air transportation established by the carrier.

The contract for the carriage of a passenger was concluded by the plaintiff solely for personal needs, not related to the implementation of entrepreneurial activities, in this regard, and on the basis of the preamble of the Law of the Russian Federation "On the Protection of Consumer Rights", I believe that the norms of the Law of the Russian Federation apply to the relations that have arisen between him and the airline " About protection of the rights of consumers».

I fulfilled my obligations to the airline, and the company fulfilled its obligations in violation of the term for the provision of services in accordance with Art. 27 of the Law of the Russian Federation "On Protection of Consumer Rights" did not fulfill its obligations regarding the term for the provision of services.

I also ask, on the basis of paragraph 1 of Art. 28 of the Law of the Russian Federation "On Protection of Consumer Rights" and clause 99 of the Federal Aviation Regulations "General Rules for the Air Transportation of Passengers, Baggage, Cargoes and Requirements for Servicing Passengers, Consignors, Consignees", approved by Order of the Ministry of Transport of the Russian Federation dated June 28, 2007 N 82 in full compensate for the losses caused to me in connection with the violation of the terms of the air transportation agreement, namely:

Taxi fare to the hotel 150 rubles
Payment per night at the hotel from 16:00 to 09:00 1500 rubles
Travel from the hotel to the airport 200 rubles
The total amount of losses is 1850 rubles.

Based on the foregoing,

To pay me on a voluntary basis a penalty for violation of the terms for the provision of services in the amount of 9,000 rubles. The payment term is until 01/31/2018.
Compensate me for the losses caused in connection with the violation of the terms for the provision of services in the amount of 1850 rubles. The payment term is until 01/31/2018.
O decision please notify me in writing within the specified time.

date, signature

Where can I complain if the transport company ignores the requirements

Where is the complaint directed if the appeals are completely ignored? There are several options, the last of which may be the court.

To Rospotrebnadzor

You can apply to Rospotrebnadzor. Like other controlling services, it has the right to impose sanctions.

Transport prosecutor's office

Complaints, the transport prosecutor's office considers related to the work of land, air and sea (river) transport. The prosecutor's office can open a case and act as a prosecutor in court.

Sample

A complaint-statement to the prosecutor's office, a sample of which can be viewed at the link, must be registered personally or through a lawyer, in the appeals department.

lawsuit

If nothing helps and the response time from the service provider has expired, write an application to the court to recover compensation.

Arbitrage practice

Judicial practice says that in most cases, such cases are won. To win the court session, you need a package of documents confirming the facts.

Terms of consideration of the claim by the transport company

Consignees who find themselves hostage to a situation where the transport company delivered the goods with damage that was not immediately identified, have the right to file a claim within the prescribed time frame. It should be noted that depending on the type of transport, the time allotted for filing a claim also differs.

In addition, there are time limits for filing claims not only for damage caused to the transported property, but also for compensation for other losses arising from the damage received. Read more about this in the article: Deadlines for filing a claim with the carrier.

As for the time allotted for consideration of the claim, it, as a rule, does not exceed thirty days. If after this period the transport company has not responded to the claim, the recipient has the right to file a claim with the court.

However, from this general rule there are exceptions, so you should consult a lawyer to be sure.

How to apply online

Each major shopping mall has websites through which you can order the transportation of goods and leave an official request for the provision of waybills.

Many firms, seeking to earn the trust of the consumer, have feedback to submit information. By clicking the "Submit an appeal" field, all that remains is to fill in the empty fields, build a template and attach scans of all documents confirming the claim.

This method has pros and cons.

A positive point is the shortened time for filing and consideration. If the complaint is undeniable and does not raise questions, the answer comes quickly.

But in the absence of an answer and any reaction, when applying to the courts, not all judges accept screenshots of such completed electronic pages as evidence of the fulfillment of the pre-trial claim procedure.

Compensation for damage by the transport company

It must be said right away that you can claim not only the amount in which the cargo was estimated, but also the damage caused by other actions of the transport company.

For example, if the transfer of funds for damage to the cargo was not made on time. In addition, if the recipient of the cargo did not wait for the delivery, then the transport workers are obliged to compensate for the damage associated with the payment for the transportation.

Who pays a fine for late delivery of goods.

Despite the fact that the contract of carriage is bilateral, concluded between the consignor and the carrier, Part 11 of Art. 34 UATiGNET determines that the carrier pays the penalty for delay in delivery of goods to the consignee. According to Art. 2 UATiGNET the consignee is an individual or entity authorized to receive the goods.

This position was taken by the Supreme Court of the Russian Federation in ruling No. 309-ES16-3979 dated August 1, 2016 in case No. A71-4317/2015. The position is based on the current legislation and strengthens the position of lawyers who claim that the contract of carriage is a contract concluded in favor of a third party (consignee).

Collection of a fine for being late for unloading.

After the fact of delay in the delivery of goods by road has been properly recorded, the consignee has the right to apply to the carrier with a claim to pay a fine for the delay in delivery of the goods. Making a claim is mandatory. If the carrier refuses to satisfy the claim or ignores the claim, the consignee has the right to apply to the court to recover a penalty for late delivery of the goods.

The most important aspects of the claim procedure

The first thing worth mentioning is that filing a claim with the transport company about damage to the cargo is mandatory.

If you do not carry out the claim procedure, but immediately apply to the arbitration court, your statement of claim will be left without consideration and returned back. Pre-trial proceedings are established by law as an integral part of the resolution of such disputes.

The second thing to pay attention to is the mode of transport by which delivery is organized. Each type has features, including mixed delivery.

The third circumstance that plays an important role is the time for filing a claim and the time during which the transport company must give an answer to it. Be careful, it is undesirable to break them.

Additional questions

What to do if there is a shortage or underdelivery

This case should be activated according to the available developed samples (TORG-2, if the delivery is within the country, TORG-3 - from abroad).

The act must contain the signature of an employee of the transporting company and his consent for each indicated shortage item.

The possibility of drawing up an act in case of underdelivery with the involvement of an employee of a third-party organization should be provided for in the contract and settled upon its signing.

The missing goods by quantity in the whole package are fixed at the consignee's warehouse. In this case, an act of a special form is not provided, rather a general one.

Where else can you complain if the transport company ignores the requirements

It is necessary to complain about a violation of contractual conditions or damages caused to the court. This is necessary for the client to receive material compensation from the sender of the goods for the lost goods or their damage.

The injured party, having not received the fulfillment of the requirements from the transport company, applies to the court with a statement of claim. It is necessary to collect all the necessary documents for the cargo and its delivery.

Claims may vary from damage to loss of profit. Delay in delivery of the goods will cause losses to the recipient.

The sender of the cargo may also lose profit due to the delay in delivery, because the longer the cargo is transported, the later it will be paid.

The application must describe the situation, provide links to regulations. At the same time, it is necessary to establish the amount of requirements and pay the state duty.

When registering cargo transportation, it is better to insure the goods, since then you can recover compensation for losses in case of loss of cargo.

The reason for the investigation of the loss of goods will be a notice of loss. If the carrier does nothing, proceed as follows:

Competently prepare documents to receive compensation. These can be waybills and invoices if furniture is transported by rail, road; bills of lading, if the oil product is transported by water.
Submit these documents to the insurance company.

Conclusion

The process of compensation for damage in case of damage to the cargo by the transport company is long and not simple. Compliance with the requirements of the legislative process will expedite the proceedings. The support of a lawyer in such a situation will increase the likelihood of obtaining the required compensation.

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