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FAQ

The Carrier Liability Insurance is an insurance covering the liability of carriers for national and cabotage road haulage under national freight law and for international transport in accordance with the CMR.

 

No, LUTZ ASSEKURANZ is an insurance broker that brokers the insurance contract and executes contract management on the basis of powers of attorney. The risk carrier is the insurance company to be found on the policy.

 

First, the carrier fills out a risk analysis questionnaire and hands it over together with the application form to LUTZ ASSEKURANZ after having read and taken note of the terms of insurance. Subsequently negotiated terms and conditions will be issued on the basis of the insurance policy and the policyholder; a premium invoice is sent, the full and timely payment is
a precondition for the insurance coverage in the framework of the concluded insurance contract.

 

In general, up to 31.12. of the following year in which the contract started to run (e.g., from 01.08.2015 to 31.12.2016). The contract is renewed for another year, unless it is formally cancelled later than 30.09. by return note.

 

The insurer shall satisfy justified claims made against the carrier as the insured, and fend off unjustified claims, if necessary, by the provision of a lawyer and acquisition of the resulting legal costs.

 

The insurer provides its service (satisfaction or defense of unfounded claims), if the insurance premium was paid on time and in full according to the invoice, the required claim documents are submitted and the necessary information has been issued, and no breaches of obligations or insurance exclusions are committed.

 

The insurer is granting insurance protection in the framework of the insurance terms and conditions. This means that it is first checked whether and, if so, what liability of the carrier as the policyholder is given. A compensation is carried out for a given liability in accordance with the statutory provisions on liability in the context of the policy-uniform conditions and sums insured.

 

The cargo insurance covers the material damage interest of the prospective customer, the carrier liability insurance the liability of the carrier.

 

The insurer makes e.g. no payment if the insured carrier is not liable. In this case, the insurer claims for damages. This can e.g. be the case if there is a so-called "unavoidable event" within the meaning of art. 17 (2) CMR, such as a traffic accident that was caused 100% by a foreign party, an unavoidable armed robbery and the like; or also e.g. if the carrier is not liable for CMR according to art. 17 (4), e.g. in case of defective packaging of the goods or inadequate loading by the sender. (Should freights be forfeited unjustifiably to the carrier despite the exclusion of liability, this freight fee will be claimed in consultation with the carrier.)

 

Yes, the insurer will also not pay if, in the absence of a premium payment or breach of obligation (for example, the damage is not reported on time or truthfully), he becomes indemnified, and if there is another coverage exclusion specified in the insurance conditions.

 

The terms of the insurance provide that the plaintiff can choose whether to appeal to the court competent for commercial matters in Vienna or to sue the insurer in the court having jurisdiction for the registered office of the policyholder.

 

If a claim arises that cargo is unlawfully withheld as compensation for damage (for example, if the carrier is exempted from liability under art. 17 CMR), then the principal is requested to pay; if necessary, the freight debtor – after consultation with the carrier – is also on payment of the freight charges, for which the insurer provides a lawyer and bears the costs.

 

In simple terms, the carrier is liable for damages caused by slight negligence – e.g. whenever there is no fact according to art. 29 CMR - with 8.33 special drawing rights per kilogram of gross weight (see art. 23, 25 CMR), that is the applicability of the special drawing right regulation approx. 9.75[i] Euro/kilogram. Let's say the lost goods weighed 100 kilograms, but were worth
€ 8,000. Then the liability is - if the SZR regulation is applicable - 100 kg x 8.33 SZR, thus
100 kg x approx. € 9.75 = approx. € 975. If the customer actually compensates the full damage with open freight, even though the carrier has only € 975 to adhere, the customer is requested by the LUTZ ASSEKURANZ to pay the difference in the amount of € 7,025 immediately. If he does not comply with this request, the freight will be prosecuted in consultation with the carrier, with the insurer providing a lawyer and paying the costs.

 


[i]IMF rate of 15.09.10

 


The best piece of advice is that he should conclude a cargo insurance next time. This usually pays - if the insured sum has been correctly chosen - within the scope of the insurance conditions of the full damage.

 

Yes, unless the policyholder himself or his legal representatives have caused the damage intentionally or through gross negligence (exception: drivers who harm the legal provisions of road-traffic gross negligently and who are not under the influence of drugs or alcohol) or have not selected, instructed and supervised assistants. Otherwise, even intentionally caused damage by the driver are insured.

 

Depending on liability and case structure up to € 1,200,000 per vehicle and claim. Details can be found in the insurance conditions.

 

The most important thing to do is immediate communication with LUTZ ASSEKURANZ, who then agrees with the carrier on the further course of action, in particular whether, for example,
a surveyor is activated, etc. The carrier as the policyholder must also submit the damage documents as quickly as possible and provide all necessary information, in order further secure a possible recourse against third parties, etc. The detailed procedure arises from the insurance conditions. All documents must be sent to LUTZ ASSEKURANZ which takes care of claims processing.

 

If a carrier instructs sub-contractors, special care must be taken: the carrier should then check, prior to commissioning, that the sub-contractor has adequate carrier liability insurance, including, for example: art. 29 (2) CMR. It is expedient to demand the submission of an insurance policy or confirmation of insurance, as well as a confirmation that the premium has always been paid in good time and in full by the sub-contractor to the insurer. If the sum insured is sufficient (by default, a sum insured of at least € 300,000 can be assumed), then it is sufficient that the carrier concludes a subsidiary liability insurance for himself. This should be done in view of the fact that the insurer of the sub-contractor could, despite all precautionary measures for various reasons could be free of service. If, however, the sub-contractor cannot prove appropriate insurance coverage before the transport order is issued, he should not be commissioned or the freight carrier will conclude for him at his expense a carrier liability insurance ("third-party insurance") and deduct the premium from the freight.

Furthermore, it is very important that an order placed with the carrier is given in detail to the subcontractor. (For example, if the contracting authority notifies the carrier to use two drivers, to use a box case or to only stay in guarded parking lots, all such requirements must be forwarded in writing to the subcontractor).

This means that any other insurance in addition to the (subsidiary) insurance, which covers all or part of the loss event, is used primarily to settle the claims for compensation, regardless of who has concluded them. Only if the latter insurance does not provide are the claims finally treated by the first (subsidiary) insurance.

For example, a carrier who has a carrier liability insurance contracted with another carrier to carry out a transport. This has a carrier liability policy. In the event of damage, the policy of the executing freight carrier is primarily "strained" to satisfy or defend the claims of the originating contractor. Similarly, in this case, if a cargo insurance was concluded.

No; this is due to art. 41 CMR expressly prohibited. The CMR is mandatory law and cannot be changed either in whole or in part (with the exception of art. 37 and 38). In accordance With art. 41 (1) CMR, any stipulation which would directly or indirectly derogate from the provisions of this convention is null and void and without legal effect. However, offenses that are not regulated in the CMR (for example, the prohibition on offsetting freight with disputed damage) can be supplemented by party agreements.

 

Such insurance can be secured by carriers with LUTZ ASSEKURANZ, if one uses ferries, in order to pay against the risk of damage and secure major contributions. Large damage is explained when the ship and the cargo are in common danger on the sea and expenses are incurred to rescue the ship and the cargo from the common danger. In such a case, the financial burden will be shared among all the parties involved, e.g. for the carrier, that he will have to cover the costs, depending on the value of his carrier. In the context of a ferry insurance, such costs are reimbursed by the insurer.

 

Yes, this is possible on behalf of the interested party; this insurance can be completed by the carrier for the prospective buyer.

 

A "guarded parking lot", within the meaning of the Terms of Insurance (AVB-VH 2015-INT), is one that is monitored 24 hours a day by a video system or guard, or has an entry and exit control 24 hours a day.

 

Expenses and cost of the translation/conversion of currency into EURO shall be borne by the originator of the payment. The prescribed, full EURO amount is to be received in the account of the Lutz Assekuranz.

 

 

 

Important note: the answers to the FAQ are kept very general for reasons of space. For further details, it is advisable to read the terms of insurance!