Car transport damage claims: inspection and liability
How to handle a car transport damage claim: delivery inspection, notes on the CMR, 7-day deadline, carrier liability limits and cargo insurance.
· 8 min read
A car transport damage claim succeeds when the damage is recorded before you sign for the car, reported in writing within the deadline and backed by pick-up evidence. Under the CMR Convention, visible damage must be noted at delivery and hidden damage reported in writing within seven days, excluding Sundays and public holidays. The carrier's liability is capped at 8.33 SDR per kilogram, so expensive cars need extra cover.
Why transport damage hits dealer margins hard
A scratch on a door costs a private owner an annoyance; on an imported stock car it costs the margin. A respray of one panel, a new windscreen or a damaged alloy wheel can take several hundred euros out of a car that was bought for a net margin of €1,000 to €1,500. The car also stands longer before it goes on sale.
Most transport damage is minor: stone chips, scuffs from loading ramps, dents from straps, broken mirror caps, wheel damage and occasionally a cracked windscreen. Major damage from a truck accident or a car falling from an upper deck is rare but expensive. The process below works for both.
What should I check when a transported car is delivered?
Check the whole car, in daylight or good light, before you sign anything. A structured walk-round takes five to ten minutes per car:
- Match the car: VIN, make, model and mileage against the CMR note and your purchase documents.
- Exterior: every panel, bumper corners, sills, roof (cars on lower decks get dripped on and scraped from above), glass and lights.
- Wheels and tyres: kerbing and strap marks on alloys, tyre sidewalls.
- Underside and front lip: damage from loading ramps on low cars.
- Interior: seats, dashboard, missing items such as keys, cables, parcel shelf and floor mats.
- Start the car: warning lights, battery condition and mileage increase compared with pick-up.
- Photograph everything, including the dashboard with mileage, with time stamps.
Compare what you see with the pick-up photos and the condition notes on the CMR. Without pick-up evidence, a carrier will argue that the damage was already there.
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Request accessRecord damage on the CMR before signing
Visible damage must be written on the consignment note at the time of delivery, and the driver should countersign it. Under Article 30 of the CMR Convention, if the consignee takes delivery without checking the goods with the carrier and without reservations, taking delivery is prima facie evidence that the goods arrived in the condition described on the note.
Write specific remarks, not "subject to inspection":
- "VIN …123: dent 5 cm, rear left door; scratch on front bumper right."
- "VIN …456: windscreen cracked, lower left."
A general remark such as "received unchecked" carries little weight. If the driver refuses to wait or to countersign, note that on your copy and photograph the driver, the truck and the note.
How long do I have to report transport damage?
Under the CMR Convention, apparent damage must be noted at delivery, and damage that is not apparent must be reported to the carrier in writing within seven days of delivery, Sundays and public holidays excepted (Article 30(1)). Where the car has been checked jointly by consignee and carrier, contrary evidence is only admissible for hidden damage reported in writing within seven days of that check (Article 30(2)).
After that, the general limitation period for legal action under the CMR is one year, or three years for wilful misconduct or equivalent default (Article 32). A written claim to the carrier suspends the limitation period until the carrier rejects it in writing.
For purely domestic transport, national law applies instead of the CMR. German commercial law, for example, mirrors the CMR closely: under § 438 of the German Commercial Code (HGB), apparent damage must be notified on delivery and hidden damage within seven days, and § 431 HGB caps liability at 8.33 SDR per kilogram. Check your carrier's terms for domestic jobs.
How much does a carrier have to pay for damage under CMR?
Under the CMR, the carrier pays the reduction in the car's value caused by the damage, up to a cap of 8.33 units of account (Special Drawing Rights, SDR) per kilogram of gross weight (Articles 23 and 25). For a 1,500 kg car that is about 12,500 SDR, which at 2026 exchange rates is in the region of €14,000 to €15,000.
| Car value | Damage | Is the CMR cap a problem? |
|---|---|---|
| €15,000 hatchback | Respray of two panels, €700 | No; the cap is well above the loss |
| €40,000 SUV | Total loss in a truck fire | Yes; the cap covers about €14,000–15,000 |
| €90,000 sports car | Damaged front splitter and wheel, €3,500 | No for this damage, yes for a total loss |
Carriage charges and other costs incurred for the carriage are refunded on top in case of total loss, and interest of 5% a year is due from the date the written claim was sent (Article 27). The cap does not apply where damage was caused by wilful misconduct (Article 29).
The carrier is relieved of liability in some cases, for example where the damage was caused by the claimant's own instructions or by circumstances the carrier could not avoid (Article 17(2)). A carrier will argue this for hail or vandalism at a secure compound, so ask in advance how cars are stored overnight.
Building a car transport damage claim
A claim that gets paid quickly contains:
- A written notice to the carrier, within the deadline, identifying the car by VIN and describing the damage.
- The CMR note with your remarks and, ideally, the driver's countersignature.
- Pick-up evidence: the clean CMR and your photos from loading.
- Delivery photos with time stamps.
- A repair estimate or invoice from an independent workshop, or a valuation of the loss in value.
- Your purchase invoice, to show the car's value.
Send everything at once and keep a copy. Carriers forward the claim to their liability insurer, which will look for gaps in exactly these documents.
Do I need my own cargo insurance for cars in transit?
For expensive cars, yes. The carrier's CMR liability insurance covers what the carrier owes under the Convention, and that is limited by the 8.33 SDR cap and the carrier's defences. Your own goods-in-transit or cargo cover pays your loss directly, typically up to the car's value, and leaves the insurer to recover from the carrier.
Alternatives:
- Declare a higher value or a special interest in delivery on the CMR against a surcharge (Articles 24 and 26).
- Ask the carrier for top-up cover for specific high-value loads.
- Use enclosed transport for cars where a stone chip matters.
Weigh the premium against the value of the cars you move each year. For a dealer moving a few cheap cars a month, the CMR liability may be enough; for premium stock it is not.
Prevention beats claims
The best claim is the one you do not need:
- Choose carriers with experience in cars, proper straps and wheel chocks.
- Ask for photos at loading as standard.
- Avoid upper-deck positions for very low or very expensive cars, or pay for enclosed transport.
- Plan delivery in daylight when someone can inspect properly.
Our guides to the CMR consignment note and car transport in Europe cover the rest of the transport chain, and the cost of putting damage right is broken down in reconditioning costs for used cars. If you price a reserve for transport risk into every import, a scratch will not turn a profit into a loss. MyCarDealer shows the margin per car after transport and other costs; try it with the free valuation.
Frequently asked questions
What should I check when a transported car is delivered?
Match the VIN with the documents, then check every panel, the roof, glass, wheels, underside, interior and loose items, start the car and photograph everything before signing. Compare it with your pick-up photos and the CMR condition notes.
How long do I have to report transport damage?
Under the CMR, visible damage must be noted on the consignment note at delivery. Hidden damage must be reported to the carrier in writing within seven days of delivery, excluding Sundays and public holidays. Legal action is time-barred after one year, or three years for wilful misconduct.
How much does a carrier have to pay for damage under CMR?
The reduction in the car's value, up to 8.33 SDR per kilogram of gross weight, about 12,500 SDR for a 1,500 kg car. The cap does not apply if the damage was caused by the carrier's wilful misconduct.
Do I need my own cargo insurance for cars in transit?
For valuable cars, yes, because the carrier's CMR liability is capped and subject to defences. Own cargo cover pays your loss directly; alternatively, declare a higher value on the CMR against a surcharge.
What if the driver refuses to let me inspect the car?
Write on the CMR that inspection was not possible and why, photograph the car, the truck and the note, and send a written reservation to the carrier immediately. Do not sign a clean delivery note.