In sea carriage, a claim may be seriously compromised before carrier liability is even discussed: allowing the time limit to expire is enough.
In cases of loss or damage, the timeline must therefore be checked as soon as the file is opened.
One year to claim against the carrier
Article L. 5422-18 of the French Transport Code provides that claims against the sea carrier for loss or damage are time-barred after one year.
Do not wait for a survey, discussions with the insurer or settlement negotiations to conclude before checking the deadline.
The same provision nevertheless allows the parties to extend the period, provided their agreement is made after the event giving rise to the claim.
Where settlement discussions must continue beyond the deadline, a written extension can therefore preserve the claim.
An additional three months for certain recourse claims
The same Article L. 5422-18 provides a specific mechanism for recourse against an indemnifying party or another participant.
A recourse claim may still be brought after the main period expires, within three months from:
- the date proceedings were brought against the party seeking an indemnity;
- or the date that party settled the claim.
This additional period prevents an operator sued late from immediately losing all recourse against the party it considers responsible.
It nevertheless requires a prompt response upon receipt of a claim or court proceedings.
Establish the timeline when the file is opened
Once an incident is known, obtain:
- the delivery date or event giving rise to the dispute;
- the bill of lading and other transport documents;
- reservations and damage reports;
- any notices of claim already sent;
- potential claims against other parties.
Settlement negotiations or an ongoing survey must never lead to the deadline being missed.
Is the primary claim still admissible, and have claims against the other parties also been preserved?
Are you facing loss, damage or a recourse claim following carriage by sea? Contact the firm.