The notification deadlines according to the German Commercial Code (HGB) and the CMR Convention, the consequences of a missed notification, and a template for your damage report.
Concealed transport damage often only becomes apparent days after delivery when unpacking. By then, a short deadline for reporting the damage has already begun, and missing this deadline significantly weakens your case. Rogert & Ulbrich clarifies your rights regarding claims, ensures compliance with deadlines, and secures the evidence.
Hidden transport damage – the typical acute problem
Upon delivery, the shipment appears unremarkable; the pallet is wrapped in foil, and the cardboard box is outwardly undamaged. Only upon opening does the damage become apparent: broken goods, moisture inside, missing parts. Such damage, not visible externally, is a classic example of concealed transport damage.
This creates an immediate problem for the recipient, because the clock has already started ticking upon delivery. Waiting too long doesn't jeopardize the claim itself, but significantly weakens their evidentiary position. Therefore, swift and correct action is crucial.
Our service page offers more in-depth information on this topic. concealed transport damage; to Complaint regarding damaged goods We have our own page.
Have you discovered hidden damage? Act immediately and have your rights to make a claim checked.
Filing a complaint is not the same as the statute of limitations – there are two different time limits.
A common misconception is equating the reporting of damage with the statute of limitations. These are two different deadlines with different consequences, both of which must be observed.
- Damage report: The damage must be reported to the carrier very promptly. Failure to do so will result in a presumption of proper delivery, which weakens your case.
- Statute of limitations: The statute of limitations applies to the enforcement of the claim as a whole and is generally one year. If it expires, the claim is no longer enforceable.
Both deadlines run independently of each other. Our service page on the statute of limitations provides information on the statute of limitations and its specific features. Deadlines in transport and forwarding law An overview. It is important to keep both deadlines in mind from the beginning.
Unsure which deadline applies to you? Have the notification and the statute of limitations checked separately.
Overview of notification deadlines: German Commercial Code (HGB), CMR and sea freight
How quickly the report must be filed depends on the applicable law and whether the damage was externally visible.
- Externally visible damage: According to Section 438 Paragraph 1 of the German Commercial Code (HGB), any visible damage must be reported no later than upon delivery. Otherwise, it is presumed that the goods were delivered complete and undamaged.
- Hidden damage according to the German Commercial Code (HGB): According to § 438 para. 2 HGB, damage that is not externally visible must be reported within seven days of delivery.
- Hidden damage according to CMR: In cross-border road transport, Article 30 CMR also stipulates a period of seven days for concealed damage, excluding Sundays and public holidays.
- Hidden damage in sea freight: For sea transport, the deadline is shorter: According to § 510 HGB, concealed damage must be reported within three days of delivery.
It should also be noted that claims arising from exceeding the delivery deadline are extinguished under Section 438 Paragraph 3 of the German Commercial Code (HGB) if they are not reported within 21 days. According to Section 438 Paragraph 4 of the HGB, written form is sufficient for the notification, and timely dispatch is sufficient to meet the deadline. The specific deadline should be determined precisely in each individual case.
Unsure which deadline applies to your transport? Let us determine the applicable law and deadline.
What happens if a report is not filed?
If the notification period for damage or loss is missed, it is presumed that the goods were delivered complete and undamaged. This presumption does not result in the loss of the claim, but it shifts the burden of proof: you must then prove by other means that the damage occurred during transport and while the goods were in the carrier's care.
The presumption is rebuttable. According to case law, even after the deadline has passed, the recipient can prove that the damage already existed at the time of delivery, for example, through compelling documentation, witnesses, or an expert opinion. However, this is considerably more difficult and expensive than adhering to the deadline. The situation is different in the case of exceeding the delivery deadline: Here, the failure to report the damage not only leads to a presumption but also to the extinguishment of the claim. Therefore, it is all the more important to comply with the short deadline.
Has the deadline already passed? Have it examined how the presumption can be refuted in your case.
What evidence you need – and the damage report template
Whether you want to meet a deadline or refute a suspicion, the evidence is crucial. Therefore, document the condition of the shipment as early and as comprehensively as possible. A meticulous damage report is the most important tool for this. It should include, in particular, the following:
- Date and time of delivery and damage assessment.
- Shipment details: waybill or shipment number, recipient, sender and carrier.
- Description of the damage according to type, extent and affected packages.
- Condition of the outer packaging and any irregularities upon delivery.
- Clear photos of the packaging and the damaged goods.
- Names and signatures of the persons involved, preferably a joint statement with the driver.
In addition, a reservation on the delivery receipt or waybill, a comparison of weight and quantity, and, in the case of major damage, an expert opinion are advisable. The more complete the documentation, the stronger your position. This evidence forms the basis of any successful claim.
Do you want to properly secure your evidence? Have your damage report and reservation of rights reviewed by a lawyer.
Deadline checklist and action guide
A structured approach protects your rights and secures evidence. The following checklist will help in an emergency:
- Document immediately: Document the damage immediately with photos and a damage report.
- Set a deadline: Clarify whether the German Commercial Code (HGB), the CMR Convention or maritime law applies and whether the seven-, three- or delivery period is decisive.
- File a report in a timely manner: Report the damage in writing within the prescribed time limit and describe it clearly enough.
- Secure dispatch: Keep proof of timely dispatch, as this ensures compliance with the deadline.
- Keep the statute of limitations in mind: Don't forget the one-year statute of limitations in addition to filing a report.
Because deadlines are short and proving your case is challenging, early legal counsel is advisable. We ensure you meet the deadlines, draft the complaint, and enforce your claims. The sooner you act, the stronger your position.
Is your claim subject to a deadline? Have your complaint reviewed and secured now.
Rogert & Ulbrich – Your lawyers in transport and forwarding law
Rogert & Ulbrich advises recipients, senders, and insurers on concealed transport damage and claims. The lawyers Dr. Marco Rogert and Tobias Ulbrich and her team are familiar with the notification deadlines according to the German Commercial Code (HGB) and the CMR Convention, as well as the case law on the burden of proof, from daily practice.
We determine the relevant deadline, draft the damage report, secure the evidence, and enforce your claims or refute a presumption of proper delivery. An overview of our services can be found in the section... transport and forwarding law.
Whether it's a tight deadline for reporting, disputed evidence, or a rejected complaint: Arrange a consultation. initial consultation and secure your claims.
