How to File an International Cargo Claim Step by Step [2026]

When and how to notify the insurer

The clock starts the moment you, your customs broker, or your warehouse staff become aware that something is wrong with the shipment. Across most Latin American jurisdictions and under standard London-market wording, the formal notification window is 3 business days from the moment the event was known or should reasonably have been known. Missing this window is the single most frequent reason claims are rejected — even when the underlying loss is clearly covered.

Notification must always be in writing. An email to the insurer or to your broker — with the policy number, B/L or AWB reference, brief description of the event, and preliminary photos attached — is enough to "stop the clock". Verbal notice does not count. Once the written notice is in, you have 30 to 60 days (depending on the policy) to submit the full claim file.

If the loss happened while the goods were still under the carrier's custody, you must also notify the carrier in writing within the same window — usually via a protest letter to the shipping line, airline, or terminal. This protects your insurer's subrogation rights and is a contractual obligation under every standard cargo policy.

Evidence you must collect at delivery

Once the goods are released to you (signed for at the port, airport, or warehouse) and there are no reservations on the proof of delivery, the carrier is legally considered to have delivered them "in good order". Reversing that presumption later is extremely difficult. The fix is simple: inspect on arrival, photograph everything, and write reservations on the spot.

• Photograph the sealed container or ULD before opening — the seal number, the door, both sides, and the roof. If the seal is broken, missing, or replaced by a non-original one, document it before anything else.
• Photograph the Equipment Interchange Receipt (EIR) or proof of delivery with any visible damage to the container or package marked.
• Write reservations on the EIR, delivery order, or air waybill copy — phrases such as "container received with broken seal", "carton 14 of 20 crushed", or "visible water marks on pallets 3 and 7". A generic "received subject to inspection" is weak; specific reservations are strong.
• Photograph the goods as they come out of the container: wide shots first, then close-ups of every damaged item, including serial numbers where possible.
• Keep the original packaging and damaged goods until the loss adjuster has inspected them. Disposing of evidence before the survey is grounds for denial.

Documents required to support the claim

A complete claim file is what unlocks payment. Insurers reserve the right to suspend processing until every document is in. The standard list across ocean and air shipments is:

• Insurance policy or certificate with the insured value, ICC clause selected, and route.
• Bill of Lading (B/L) or Air Waybill (AWB) — the contract of carriage and the document evidencing carrier custody.
• Commercial invoice and packing list matching the shipment exactly (quantities, descriptions, values).
• Customs entry — DUA in Peru (SUNAT), Declaracion de Importacion in Colombia (DIAN), Pedimento in Mexico (SAT), DIN in Chile (SNA) — proving the shipment was officially cleared.
• Reservation letter filed with the carrier or terminal within the legal window.
• Photographs of the seal, container, packaging and damaged goods.
• Damage certificate or protest note from the carrier, port terminal, or warehouse.
• Repair quotes or replacement invoices for the damaged units, where applicable.
• Tax invoice of the loss — internal document showing the cost value of the damaged goods.

If the cargo was destined for resale, the insurer may also request your sales agreement or purchase order to confirm the commercial value. Under ICC A, B or C, all of these are routine — not a sign that your claim is in trouble.

The claim process: 6 steps from notice to payment

1. Detect and document the loss on arrival. Inspect, photograph, and write reservations on the delivery paperwork before signing.
2. Notify the insurer in writing within 3 business days, copying your customs broker and freight forwarder. Use the policy number as the email subject line.
3. File a protest letter with the carrier (shipping line, airline, or terminal) within the same window to preserve subrogation rights.
4. Submit the full claim file — invoice, B/L, packing list, customs entry, photos, reservations — through your broker's portal or the insurer's claims platform.
5. Receive the independent loss adjuster, who will inspect the cargo, interview your staff, and issue a technical survey report.
6. Negotiate and collect the indemnity. Most insurers pay between 30 and 90 days after the adjuster's report is approved, net of the policy deductible.

"The number-one claim-killing mistake is signing the proof of delivery as 'received in good condition' without inspecting the cargo. From that signature on, the carrier is off the hook and so is your insurer's subrogation case."

The role of the independent loss adjuster

An independent loss adjuster (also called a marine surveyor) is a third-party expert appointed by the insurer to investigate the loss. Their job is to establish the facts: what happened, when, where, the cause, the extent of the damage, and the salvage value of the affected goods. Their report is the technical foundation on which the insurer pays the claim.

In Latin America, surveyors are typically appointed within 24-72 hours of formal notification, often by firms with offices in Callao, Buenaventura, San Antonio, Veracruz, and Cartagena. The survey itself takes 1-3 hours on site. Have ready: photos, original packaging, the damaged goods (do not discard anything), the B/L or AWB, the commercial invoice, and the reservation letter.

If the case involves a P&I Club member (the mutual associations that insure shipowners' liabilities), the surveyor may coordinate with the Club's local correspondent. This is standard procedure when the cargo insurer plans to subrogate against the carrier — common in container fires, general average, and large theft cases.

Top reasons claims get denied

Most claim denials are not about coverage — the underlying event is usually covered. They are about procedural mistakes the insured made before or during the claim. The most common ones:

• Late notification: missing the 3-business-day window.
• Clean proof of delivery: signing the EIR or AWB copy with no reservations.
• No evidence: no photos, no seal documentation, packaging discarded before the survey.
• Inherent vice or insufficient packing: damage caused by the goods themselves or by inadequate packaging — explicitly excluded under all ICC clauses.
• Underinsurance: declared value lower than the real CIF value, triggering the average clause and reducing the indemnity proportionally.
• Wrong ICC clause: filing a theft claim under ICC C, which only covers major catastrophes.
• No subrogation rights preserved: failing to file a protest with the carrier within the legal window.

How to appeal a rejected claim

A denial letter is not the end of the road. Cargo policies are governed either by the local Commercial Code of the importer's country or, when issued in the London market, by English law — a common law jurisdiction with a deep body of case law on marine cargo. In both systems, the insured has clear rights to challenge a denial.

The standard appeal path: (1) request a written explanation of the denial citing the specific policy clause; (2) gather missing evidence or expert reports that rebut the insurer's argument; (3) submit a formal reconsideration letter through your broker within 30 days; (4) if reconsideration fails, escalate to the local insurance regulator; (5) as a last resort, initiate arbitration or litigation under the jurisdiction clause.

In our experience, roughly one in three reconsidered claims results in partial or full payment once a complete evidence file and counter-survey are submitted. Speed and method matter — appeals filed years later rarely succeed.

Frequently asked questions

What if I only discover the damage after the goods are at my warehouse?

Hidden damage is still claimable, but the 3-business-day clock starts the moment you discover it — not weeks later. Stop unpacking, photograph everything as found, notify the insurer in writing immediately, and keep the goods and packaging untouched until the surveyor arrives. If you have already signed a clean proof of delivery, the case is harder but not impossible, especially if the container seal was intact (suggesting damage occurred before sealing).

Can I file a claim myself or do I need a broker?

You can file directly with the insurer, but a broker typically handles the entire claim file at no extra cost (their fee is already built into the premium). Brokers know the wording, the surveyors, and the case officers — claims handled by experienced brokers usually pay 20-40% faster. On digital platforms like AseguraTuCarga.io, claim notification is a built-in feature of the policy dashboard.

How long does it take to get paid?

From formal notification to indemnity payment, the typical range is 30 to 90 days for straightforward cases (clear cause, documented loss, no subrogation dispute). Complex cases involving general average, container fires, or multi-party disputes can take 6-18 months. The single biggest accelerator is submitting a complete file on day one.

Does the insurer pay the full invoice value or only a percentage?

The insurer pays the insured value of the damaged or lost goods, minus the policy deductible. If you insured CIF + 10% (the recommended figure), you recover the cost of the goods, the international freight, the premium itself, and 10% on top to cover expected profit and clearance costs. If you only insured FOB, you recover the FOB value — losing the freight and clearance portion. This is why insuring CIF + 10% is the market standard.