How long do I have to notify damage to a carrier?

It depends on the mode. At sea under the Hague-Visby Rules, notice before or at the time of removal for apparent damage and within three days for non-apparent damage. Under CMR by road, at delivery for apparent damage and within seven days otherwise, excluding Sundays and public holidays. For air cargo under the Montreal Convention, fourteen days from receipt for damage and twenty-one days for delay. Under the Hamburg Rules, the working day after delivery for apparent damage and fifteen consecutive days otherwise.

What happens if I miss the notice period?

At sea and by road it costs you the presumption: the goods are treated as delivered in apparent good order, and you must prove otherwise. By air under the Montreal Convention it is worse — Article 31 states that, absent fraud, no action lies against the carrier at all.

Is the time bar the same as the notice period?

No. The notice period is days and is about preserving evidence and presumptions. The time bar is the deadline for bringing suit — one year under Hague-Visby, COGSA, CMR and CIM, two years under the Hamburg and Montreal Conventions — and missing it extinguishes the right.

Do these deadlines apply to my claim on the policy?

They are deadlines against the carrier, not against your insurer. But Clause 16.2 of the Institute Cargo Clauses makes it your duty to preserve and exercise rights against carriers and bailees, so letting one expire can reduce what the insurer recovers and become an issue on your claim. Notify your insurer early and they will tell you what to send to whom.

The deadlines that start the moment cargo is delivered

Two clocks run after a loss: a short one for notifying the carrier, and a long one for bringing suit. The short clock runs from delivery, not from the day somebody opened the carton — which is why it is so often already gone by the time the claim is quantified.

Notice periodsTime barsCited to article

Do these three things on the day

1.Note the damage on the delivery receipt, before the driver leaves. A clean receipt creates a presumption in the carrier's favour.
2.Send written notice to the carrier holding them liable, even if you do not yet know the amount.
3.Notify your insurer. Early notification costs nothing and preserves everything; nothing is lost by reporting a loss that later turns out to be small.

How to file a claim

Every deadline, by regime

Regime	Mode	Notice of loss	Time bar
Hague-Visby Rules	Sea	Notice in writing before or at the time of removal of the goods where the loss is apparent; within three days of delivery where it is not apparent. Missing the notice is not fatal to the claim, but it costs the shipper the presumption and puts the burden of proving the condition on delivery back on them. Article III rule 6	One year from delivery, or from the date the goods should have been delivered. Extendable only by agreement. Article III rule 6
Hague Rules	Sea	Notice in writing before or at the time of removal where the loss is apparent, within three days otherwise. Article III rule 6	One year from delivery or from the date of intended delivery. Article III rule 6
Hamburg Rules	Sea	Notice in writing not later than the working day after delivery where the loss is apparent; within fifteen consecutive days of delivery where it is not. Article 19	Two years, which is twice the Hague-Visby period. Article 20
US COGSA	Sea	Notice in writing before or at the time of removal where the loss is apparent, within three days otherwise. Section 3(6)	One year from delivery or from the date of intended delivery. Section 3(6)
CMR (road)	Road	Reservations to the carrier at the time of delivery where the loss is apparent; within seven days of delivery, Sundays and public holidays excluded, where it is not. Article 30	One year. Three years where the loss was caused by wilful misconduct, or by default treated as equivalent to wilful misconduct under the law of the court seised. Article 32
CIM / COTIF (rail)	Rail	The right of action is extinguished by acceptance of the goods unless a loss is ascertained before acceptance, or ascertainment was omitted through the carrier's fault, or the damage was not apparent and is notified within seven days of acceptance. Article 47	One year. Two years in defined cases, including a claim based on loss caused with intent to cause the loss. Article 48
Montreal Convention (air)	Air	Written complaint within fourteen days of receipt for damage to cargo, and within twenty-one days from the date the cargo was placed at the consignee's disposal for delay. Miss it and, absent fraud, no action lies at all. Article 31	Two years from arrival, from the date the aircraft ought to have arrived, or from the date carriage stopped. This is a hard extinction of the right, not a limitation period that can be paused. Article 35
Warsaw Convention (air)	Air	Written complaint within fourteen days of receipt for cargo damage. Article 26	Two years. Article 29
CMNI (inland waterway)	Inland waterway	Notice in writing at the latest at delivery where the damage is apparent; within seven consecutive days otherwise. Article 23	One year from the day the goods were delivered or should have been delivered. Article 24
Carmack Amendment (US domestic)	Road	Set by the bill of lading and the carrier's tariff; a minimum claim-filing period of nine months is the regulatory floor for motor carriers. 49 C.F.R. § 370	A minimum of two years from the carrier's written declination, again as a floor. 49 U.S.C. § 14706(e)

Air is the unforgiving one

Fourteen days for damage, twenty-one for delay, in writing, running from receipt. Article 31 of the Montreal Convention says that if no complaint is made in time, no action lies against the carrier at all, save in the case of fraud. There is no presumption to lose, because there is no claim left to make.

Concealed damage is still your problem

The conventions give a few extra days for damage that was not apparent at delivery — three at sea, seven under CMR, fifteen under the Hamburg Rules. They do not give you until you get round to unpacking. Where cargo goes straight into storage, check a sample on arrival.

Common questions

How long do I have to notify damage to a carrier?: It depends on the mode. At sea under the Hague-Visby Rules, notice before or at the time of removal for apparent damage and within three days for non-apparent damage. Under CMR by road, at delivery for apparent damage and within seven days otherwise, excluding Sundays and public holidays. For air cargo under the Montreal Convention, fourteen days from receipt for damage and twenty-one days for delay. Under the Hamburg Rules, the working day after delivery for apparent damage and fifteen consecutive days otherwise.
What happens if I miss the notice period?: At sea and by road it costs you the presumption: the goods are treated as delivered in apparent good order, and you must prove otherwise. By air under the Montreal Convention it is worse — Article 31 states that, absent fraud, no action lies against the carrier at all.
Is the time bar the same as the notice period?: No. The notice period is days and is about preserving evidence and presumptions. The time bar is the deadline for bringing suit — one year under Hague-Visby, COGSA, CMR and CIM, two years under the Hamburg and Montreal Conventions — and missing it extinguishes the right.
Do these deadlines apply to my claim on the policy?: They are deadlines against the carrier, not against your insurer. But Clause 16.2 of the Institute Cargo Clauses makes it your duty to preserve and exercise rights against carriers and bailees, so letting one expire can reduce what the insurer recovers and become an issue on your claim. Notify your insurer early and they will tell you what to send to whom.

Sources

Deadlines are those set by the convention. A bill of lading or consignment note can set additional contractual requirements, and national law decides how a period is computed.

This page summarises the instruments above. It is not the wording, and it is not legal advice. Where a summary conflicts with a convention text, a policy wording or a certificate, that document governs.

InsuranceScanner is an insurance intermediary, not an insurer — see the Terms for our role. Nothing here is a personal recommendation that a particular cover, sum insured or deductible is suitable for you. Where anything on this page conflicts with the certificate, policy schedule or wording issued by an insurer, that document governs.