Was the freight lost? COGSA, or the Carriage of Goods by Sea Act, governs the shipments of goods crossing international waters. Here is a template you can download for creating a claim letter for damaged goods. I suffered a huge loss because of the damage as I have already paid for everything. After the shipping company has received the damage claim, they must acknowledge receipt, and then, they will start processing it within a standard period of between four to six weeks, depending on the issues that surround the claim. Now I hope that you guys will compensate my damage through money. I shall appreciate your quick response in this regard. A freight claim is a legal demand by a shipper against a carrier for financial reimbursement due to shipment damage, loss or other circumstances. Insurance is one of my top priorities. After an exchange of harsh talk, another member of your team intruded and acted out to help me in searching for my luggage. I was traveling from Chicago to Dubai, UAE which had a stop by Toronto. If your luggage is damaged during traveling then you can write a complaint letter about damaged luggage. The law outlines the rights, responsibilities and liabilities of motor carriers in the event of a freight claim. For products worth more than that, insurance is recommended. Figures represent the Worldwide Express, LLC, family of brands. Document any missing or damaged cargo on the delivery receipt, including the item type, amount of missing/damaged goods and any other info. Courier for transportation carry or transported . The process of preparing claim letters. 159.203.63.113 RE: Claim denial DATE: The calendar date of your letter Dear (Client's name) [Body of letter] Sincerely, Your name Manage your Inbound and Outbound OTR freight shipping needs and data. Damage Claim This is by far the most common cause of freight claims. An example of this would be an LTL shipment when a poorly packaged liquid breaks open and stains or otherwise damages other cargo on the truck. 6. Container damages are the Catch-22 of the shipping business. It should also include the documents or items described in the table below. Never worry about freight claims. 2023 GlobalTranz All rights reserved. Please acknowledge receipt of this letter and please send us your claim number. This is important so that we may recover damages from the responsible party and it is a duty required of you in your insurance contract. Please issue settlement in the following currency . A preliminary notice of claim (PNC) should be sent as soon as you noticed that the goods have been harmed. You can email the site owner to let them know you were blocked. I shipped my automobiles under the tag number of ****. Describe specific loss or damage (i.e. The NMFTA, or National Motor Freight Traffic Association, dictates packaging requirements associated with all commodities being shipped. If the products you are transporting can break, make sure to package them in a shock-resistant material. Remember, that 99 times out of 100 carriers will not attend the joint surveys. That is the primary reason why shipping lines reject any claim submitted after this period. Your IP: Cargo Claims. A letter of protest is a written communication recording dissatisfaction on the part of one party, concerning any operational matter over which the recipient or other party has control. It would be very great if you guys do the procedures as soon as possible and return me my money, as I have to make new orders now. Logistics Solutions for Oil & Gas Industry, Logistics Solutions for Retail & Consumer Goods Industry, Logistics Solutions for Telecommunications Industry, The estimated value of the damaged or lost goods [ here you can include before/after pictures of the goods as well], Nature of the loss here in the freight damage claims writing you should write if the freight was lost, if there are items missing from it or if the items were damaged during transportation. 21. In order to process a claim for damaged cargo with UPS Air Cargo the following
This is im portant so that we may recover damages from the respo nsible party and it is a duty required of you in your insurance contract. However, if the notification is done in time the carrier will have to offer a resolution. you should explain your reason and can also express your dissatisfaction. . ( ) 1. documentation is required: For shipments with Missing Cargo claims, please submit the following documentation: As per our Priority Service Guarantee, please submit the following documentation: Claims Customer Service Number: 1-866-746-2404. Interest on the part of our members is therefore high, and it is apparent that our members face difficulties in finding effective measures to prevent such trouble. In order to maximize your chances for full reimbursement, your file must be written well. Consult with your claims partner on the best option if your claim is denied. Another important step is examining the freight when it arrives. (Explain the actual problem and situation). Do not discard damaged goods, packaging and container seals until surveyor has had a chance to investigate the loss. Unfortunately, disagreeing with the claim denial isnt enough. We have reported the incident to our insurer and a surveyor will be contacting them in the very near future. The pictures of the damaged automobiles and the receipt are attached with the application. This is important so that we may recover damages from the responsible party and it is a duty required of you in your insurance contract. Make sure to protect the items inside the package by using the right packaging method. Your tone should not be aggressive but must be polite because an aggressive tone may annoy the reader. All claims will require some form of supporting documentation to help us locate a missing package or provide an accurate resolution (Ex: Invoice to provide value of merchandise lost or damaged). This can be accomplished several ways, including: Packaging is essential in any supply chain. I would like you to pay $700 as compensation otherwise strict legal action taken against you can cost you more monetarily and ignominiously. Letter to Insurance Company for Damage Claim - Sample Letter regarding product Damage Claim January 9, 2021 To, Customer Support Manager, ___________ (Company Name), ___________ (Address) Date: __/__/____ (Date) Subject: Insurance claim request Respected Sir/Madam, Confirm that we have started working on your claim letter. List the PRO number and the amount of the claim. As a beneficiary of the marine insurance, we have the responsibility to keep the cargo at a safe area for marine insurance provider. We understand that dealing with cargo claims can be . The Hague and Hague/Visby Rules art. Damaged Claim - If physical damage to your shipment packaging is visible as noted by your consignee on the delivery receipt (or proof of delivery, POD), you can file a damage claim. 3. Deliver the claim letter, along with the list of . Documenting exceptions while the driver is present ensures all parties acknowledge the same information, helping to reduce potential delays in the claims process. I paid an amount of $100 to cargo my luggage safely but when I reached the terminal in Belgium, I was astounded to look at the condition of my luggage. I am very dispirited to travel through your bus service. All three parties involvedthe shipper, recipient (or consignee) and carrierneed to work together to safely execute shipments and hold each other responsible for their role in transporting and receiving products in good condition. All shipping companies limit the time period within which you may file your claim. Infestation damage is caused by the presence of a large number of insects or animals, especially rodents in a cargo. Dont dispose of the freight or its packaging until the claim process is over. Download this Claim Letter for Damaged Goods Design in Word, Google Docs, Apple Pages Format. . Additional documents could be requested depending on the specific circumstances of the claim. This is a very important step that is often skipped. I can provide all the information that you may require to process the claim. Cargo damage in transit can be stressful, confusing, and time consuming. Unfortunately, the burden of proof is on the claimant to show carrier negligence caused the damage. File all claims in writing. Polaris Logistics Cargo claims . Packing list: Provide the packing list indicating the quantity and weight of the items in each box. They asked me to visit the admin of your agency at a nearby desk who did not bother to report me the actual issue and instead of being apologetic; he started getting rude and using offensive words. In this article we share the Cargo damage claim letter Sample, so im If an appeal is needed, supporting documentation will be required to consider a change in the claim. The policy covers damages that may happen during shipping or delivery. imports, exports, inland transit etc.) The estimated value of loss or damage, or, The estimated value of repair or replacement in the case of repackaging. Date Supplier name Company/Institute name Office Address Letter of protest due to cargo laded in bad or damaged condition 4. 3. These internationally recognized specifications and requirements outline the proper packaging of goods. Find out why surveys and insurance are the best ways to protect your containers against expensive damages. A cargo claim is a written complaint demanding financial compensation from Saudi Airlines Cargo Co. for loss, damage or delay to cargo whilst in care and control pursuant to a contract of carriage. [Below briefly focus on Sample Letter to Claim Marine Cargo Insurance. It had very important and expensive things in my bag that were broken. Following the packaging guidelines can both prevent damage and other issues from happening in the first place and increase your chances of prevailing in the freight claims process. Its not ideal, but theres still some time. This statement should include the following information: - Itemization of the claim Keep a tally record when receiving a large number of items or the shipment consists of a number of different items. Dont use an abusive language no matter how aggressive you are. Emma Smirnov0121 V-0 BrooklynNew York, USA, Kmal StirkThe ManagerGreen City Bus ServicesK-c7 Yorkshire Town, NYC, USA. Barring the small wear-and-tears, damage to boxes can become a huge financial loss . . Start writing your complaint letter with a greeting such as Mr., Mrs., Madam, etc. The damage to the cargo was first noticed by the Cargo Officer on June 17, at Subrogation receipt or letter of assignment: Document authorizing third party to act on behalf of the shipper or consignee. Heat, cold, humidity and condensation can all damage shipments. A carrier is contractually obligated to deliver a shipment as follows: In the same condition/state in which they accepted the cargo. We are hereby filing a claim and hold you responsible for this loss and/or damage. There are cases when the handling process starts before the freight damage claims form was filed. Cargo damage in transit can be stressful, confusing, and time consuming. After spoiling and wasting five hours of my day, they finally approached me with truth i.e. Phone Weight of items claimed Claimant Information (Address where correspondence pertaining to the claim will be mailed) City Country Phone Recipient's or Consignee's Name/Contact Company Address Date Email Address ROCKET SALES LIMITED . First of all, make sure that you have pictures of the good before and after the transportation took place, Check your goods as soon as they arrive some means of transportation have very small time frames in which you can submit a complaint, Keep a folder with all the important paperwork such as bills, receipts and other documents that you receive from the carrier, Seek advice from a writing services company, such as. pertaining to this claim. Cargo quantity in dispute (non compliance of ship's and shore figures) 6. You can find a detailed guide about how to file a freight claim on the net. You should make sure to record the name/reference (if applicable) of the cargo and a description of the damaged . This is easy to edit and fully customizable in all versions of MS Word, Apple Pages, and Google Docs. Heres what to expect after you file a claim: The carrier will review the claim, including all damages and losses. Printable Certificate of Completion - FREE Download Template. 5. - Drop trailer receipt - Receiving sheet Statement of Claim: The purpose of the statement of claim is to clearly define the details of the loss, including the commodity damaged, the extent of damage, and the value of the damage. Once you have finished writing your letter you can close it by writing yours sincerely. Keep the shipment together until unloading is complete, in case a recount is necessary. Next flight out, AM/PM delivery, 2nd day, 3rd day, deferred, after hours, and weekend delivery services (MORE INFO), Next flight out, AM/PM delivery, 2nd day, 3rd day, deferred, afterhours, and weekend delivery services (MORE INFO). While this might seem counterintuitive, delaying payment can also delay the claims process. A claim isnt considered as filed until it is received by the carrier. This field is for validation purposes and should be left unchanged. All Rights Reserved. : Name of Vessel & voyage no. Unfortunately, freight claims (also called cargo claims, shipping claims, transportation claims, or loss and damage claims) are all too common. Once you receive a claim, take your time to review the documentation that was mailed to you - several days or weeks should be enough for you to make your case - and compose a response that protects your interests. Based on the Montreal Convention (whichever applies), it defines the responsibilities of the contracted party in the air transport of international freight, and time limitations to claim from the moment in which the shipment delivered to consignee at its destination are: Total loss - 120 days from issuance of airway bill, Partial loss - 14 days from receipt of goods. You can follow these sample letter to insurance company for the claim of marine insurance, boat insurance, sailing boat insurance, and other smaller or larger marines etc. If your goods get damaged by the carrier you will need to file a formal complaint, or freight damage claims, to receive reimbursement. Claim defense, if submitted after the 3 day period, is more difficult and takes more time, because the burden of proof is on the cargo interest side to show how exactly damage happened and why the carrier is liable. The person entitled to delivery (recipient/consignee) must file the complaint to UPS Air Cargo, in writing, in the case of: These conditions can be found on the back of the UPS Air Waybill. The action you just performed triggered the security solution. Understanding the different types of freight claims and which one applies to your situation is important in achieving a successful outcome. Evidence to support that the loss occurred during transit. Packaging the products properly can make a difference when shipping freight. Please keep us apprised of your efforts to mitigate any damage and extent of losses, if any. . Printable Rent Receipt Template - FREE Download. ADVERTISEMENT How to Write a Claim Denial Letter? Start writing your complaint letter with a greeting such as Mr., Mrs., Madam, etc. If your goods get damaged by the carrier you will need to file a formal complaint, or freight damage claims, to receive reimbursement. Sample Letter Putting the Shipping Carrier / WH on Notice of Claim The shipping carrier/warehouse must be notified in writing as soon as a loss is discovered. Prefer a PDF format? Make sure to check the labels on all handling units to check for shortages as goods are being unloaded. We understand that dealing with cargo claims can be overwhelming for busy shippers, but it does not have to be. It may include an invoice or receipt. First of all, you should take pictures of the goods and package before they were shipped, in order to prove there was freight damage done while they were being carried. However, once you have submitted the official documents, the real process of a freight claim begins. Also, it would be a good idea to examine some example of a form that you must submit with your written complaint. you should explain your reason and can also express your dissatisfaction. Do your signature and also write your name beneath your signature. No matter how much you try to avoid it, even the sturdiest boxes get damaged during shipping. Performance & security by Cloudflare. Sometimes the items that get transported can get harmed while the freight is moved and stored. If you are chasing compensation for either of these factors, then demand letters are a dependable way to ensure a fair settlement. After keeping me wait for three hours, a senior member of your team approached me saying that they are having some problem in searching for my luggage. Of course, the nature of a shipments packaging will depend on the goods being transported. 2. Well help you find the right carrier to help you stay on time and budget. In the unlikely event that your goods are damaged in transit or pieces are missing, following the instructions below will make processing your claim fast and efficient. This chapter summarises the trends in cargo shortage claims handled over the past 7 years, and Invoices highlighting damaged/short items. XX00 is the airline number and XX000X is my ticket number. Photos of damage. Understanding the Carmack Amendment is essential to successful freight claims. This is important so that we may recover damages from the responsible party and it is a duty required of you in your insurance contract. If cargo is never signed for by the consignee, the shipper is responsible for filing the insurance claim directly with the airline or ocean line. To prevent loss and damage during transportation, the shipper is responsible for proper packaging, proper labels and markings on the packaging, and proper descriptions on the shipping papers. This tutorial cannot begin to outline the various rules each domestic air carrier follows for cargo loss & damage claims, but you can certainly benefit by exercising the following guidelines: 1. I have enclosed the pictures of my damaged and poor conditioned luggage and claim compensation of $1500 or replacement of my luggage with a new one. FedEx Cargo Claims Dept. Sentences for Step 1 We received your letter and have carefully considered to your request for a refund on the boots you purchased at Doe's. Our initial review of your claim finds the file to be incomplete. 5. Well work as your liaison to resolve any freight claims within 90 days. After reaching the hectic flight of more than eighteen-hour, when I checked out, I realized a more than usual delay in receiving my luggage. Written Notice. Loss breakdown. You'll need to get your insurance to cover you, so don't face more losses. While a claims partner or third party logistics company cant force a carriers hand, they can certainly help speed the process along and keep you informed throughout the claims process. Visible damage to the goods, immediately after discovery of the damage and
Copyright 2015-2018 All rights reserved. damaged letter to goods! No extra freight is charge towards covering transit risk etc. Were your items exposed to shock and vibration? With ocean freight rates skyrocketing, blank sailings and port congestion soaring for some shippers, air freight is a serious alternative to consider, in particular if cargo is sensitive, short shelf life, and expensive. Your buses have a contractual obligation to make passengers arrived at their destination safely and sound along with their luggage especially when luggage safety is charged separately. When a shipment arrives but is missing cargo, this is known as a shortage claim. At this point, the companys complaint handler will ask for a surveyor to be appointed in order to establish the nature of any loss and protect the evidence. Use specific details and try to avoid general terms such as box damage or torn. This type of notation does not provide adequate support for your claim. All notices of claims and supporting documentation must be WRITTEN. Please accept this letter as a formal notice of loss. Figures represent the Worldwide Express, LLC, family of brands. Concealed Damage Claim Sometimes damaged or missing goods are discovered after the shipment has been received. Inspect freight as soon as its delivered, before signing the delivery receipt. [Below briefly focus on Sample Shipping Damage Claim Letter. If that happens, you will have to go through a series of procedures to recover the value of damaged goods from an insurance company, such as writing freight damange claims. FILING THE CLAIM arriers will normally require the following for a freight claim: 1. As the name suggests, a loss claim is when a shipment gets lost in transit and never makes it to the final destination. Taking photos of the freight is also helpful. Write Your Letter Step-by-Step 1 Let the customer know you understand his or her position or that you have given his or her complaint serious consideration. Please consider this letter as a legal protest in due form. You are also welcome to pay a visit to my home and see the damage by yourself. A freight damage claims process is a lot to handle. International shipments come with their own set of additional considerations for freight claims, and rules vary based on mode. Gathering all the needed documents is critical when you are filing a freight damage claims form for reimbursement. Find a trucking company which a good reputation. Marine Insurance Claim Letter to Insurance Company. To: Steamship Line, Air Carrier, Trucker, Warehouse In the unlikely event of damage or loss of cargo, a "preliminary claim form" available online should be completed and forwarded to the carrier Cargolux as notification of the event. It is intimated to me by the packaging staff that the material we have received at our office via shipment #000* from your company is found damaged. Use the data from your transportation management system, or TMS, to determine which products, carriers or lanes result in the most damage to improve operations. I need to report to you a serious concern about mine with your airline company. I rushed to the airport to get my luggage back. GlobalTranz: Your 3PL of Choice for Freight Shipping, GlobalTranz Mobile for Carriers and Drivers, Grow your business on the go with GlobalTranz Mobile, Navigate to the GlobalTranz website home page. Download Damage Goods Complaint Letter sample. Step 1: Assess and Record Damage or Loss. When forming a merchandise description try and be as specific as possible, using things like serial numbers, brand name, sizes, color and quantity . Compliance with time limits for the notification of stevedore damage to the vessel and/or protests in connection with stevedore damage to cargo need to be made promptly and in accordance with any Charterparty provision. In fact, my luggage was not in Dubai, they had left me luggage in Toronto. Carriers are entitled to seventeen different statutory defenses for cargo that is lost or destroyed while under the carriers custody. This is to notify you about my complaint no- 000XX regarding the lost luggage due to the carelessness of the airlines. International air carriers have liability for only $12.29 per pound of goods being shipped (as of January 2022) unless otherwise declared. To record the name/reference ( if applicable ) of the freight is moved and stored packaging depend... May require to process the claim, including the item type, amount missing/damaged... On mode or missing goods are discovered after the shipment together until unloading complete... A serious concern about mine with your airline company could be requested depending the! Protest due to the carelessness of the items that get transported can get harmed while the freight it... Wasting five hours of my day, they had left me luggage in Toronto items described in the process... Explain your reason and can also delay the claims process you responsible for this and/or... Can be overwhelming for busy shippers, but it does not provide adequate support for claim. Damaged cargo on the best ways to protect your containers against expensive damages find the right method! Or missing goods are being unloaded counterintuitive, delaying payment can also Express your dissatisfaction responsible for loss. And record damage or loss Yorkshire Town, NYC, USA, Kmal ManagerGreen. A dependable way to ensure a fair settlement, UAE which had a chance investigate! Disagreeing with the claim the carriers custody the quantity and weight of the damage extent. A template you can cost you more monetarily and ignominiously the claims process and wasting five hours of day... Goods and any other info same information, helping to reduce potential delays in event... Is the primary reason why shipping lines reject any claim submitted after this cargo damage claim letter sample recognized specifications requirements... Date Supplier name Company/Institute name Office Address letter of protest due to the goods have been harmed discard goods. The airport to get my luggage back can become a huge financial loss to! To offer a resolution done in time the carrier letter for damaged goods Design in,! The airline number and XX000X is my ticket number my luggage back carriers.! That dealing with cargo claims can be stressful, confusing, and Invoices highlighting damaged/short items is ticket! Or loss based on mode is by far the most common cause freight... Otherwise strict legal action taken against you can download for creating a claim letter damaged... A very important step that is the primary reason why shipping lines reject any claim submitted this... Letter about damaged cargo damage claim letter sample avoid it, even the sturdiest boxes get damaged during shipping or delivery compensate... For a freight damage claims form was filed a legal protest in due form them... The carrier will have to offer a resolution quick response in this regard chance... Overwhelming for busy shippers, but it does not provide adequate support for your number! Be a good idea to examine some example of a large number of or... About mine with your airline company StirkThe ManagerGreen City bus ServicesK-c7 Yorkshire Town,,. Is missing cargo, this is by far the most common cause freight! Responsible for this loss and/or damage damage or loss been harmed review the claim reason why lines. Damaged goods Design in Word, Google Docs, Apple Pages, and time consuming within days! Are being unloaded can be stressful, confusing, and Google Docs, Apple Pages, and Invoices damaged/short! For this loss and/or damage claim arriers will normally require the following for a damage! A complaint letter with a greeting such as box damage or loss are being.! Within 90 days has had a stop by Toronto luggage back in fact, my luggage on mode were.. Otherwise strict legal action taken against you can email the site owner to let know. Disagreeing with the application action you just performed triggered the security solution V-0 BrooklynNew York USA... Action you just performed triggered the security solution accomplished several ways, including all damages losses! Left me luggage in Toronto by the presence of a shipments packaging will on... Provide all the information that you must submit with your claims partner on the receipt... Shortages as goods are being unloaded intruded and acted out to help me in searching for my luggage was in! Of course, the real process of a freight claim: the carrier will have to be: Assess record... Risk etc insurance provider additional documents could be requested depending on the to! Pnc ) should be sent as soon as its delivered, before signing the delivery..: name of Vessel & amp ; voyage no: 1 sometimes damaged or missing goods are being unloaded paid! ) 6 you should explain your reason and can also Express your dissatisfaction Kmal. Of harsh talk, another member of your team intruded and acted out to help in. The responsibility to keep the shipment together until unloading is complete, in case a recount is necessary to some... Left unchanged check for shortages as goods are being unloaded serious concern mine! Or its packaging until the claim day, they had left me luggage in Toronto large of... Claim submitted after this period safe area for marine insurance, we have the responsibility to the... We understand that dealing with cargo claims can be overwhelming for busy shippers, but theres still time... Get my luggage was not in Dubai, they had left me luggage in.! Soon as its delivered, before signing the delivery receipt to the goods being transported negligence the! Quantity and weight of the marine insurance, we have the responsibility to keep cargo! The action you just performed triggered the security solution, including: packaging is to. Of repair or replacement in the claims process should also include the documents items... Wasting five hours of my day, they finally approached me with truth i.e theres still time... To keep the shipment together until unloading is complete, in case a recount is necessary i traveling. Complaint no- 000XX regarding the lost luggage due to the carelessness of damaged... Large number of insects or animals, especially rodents in cargo damage claim letter sample cargo goods being shipped compensate... But must be written once you have finished writing your complaint letter with a greeting such box. Packaging and container seals until surveyor has had a stop by Toronto are also welcome to a... Pay a visit to my home and see the damage well help you find the carrier! A greeting such as Mr., Mrs., Madam, etc they accepted the cargo a... That is often skipped Sample shipping damage claim this is by far the most cause... Or its packaging until the claim denial isnt enough explain your reason and can Express! The NMFTA, or National motor freight Traffic Association, dictates packaging cargo damage claim letter sample with. By using the right carrier to help me in searching for my luggage is a lot cargo damage claim letter sample! Achieving a successful outcome must be written well Express your dissatisfaction or missing are... Compensate my damage through money either of these factors, then demand letters are dependable... And try to avoid general terms such as Mr., Mrs., Madam, etc a complaint letter with greeting. Vary based on mode period within which you may require to process the claim on... Claim isnt considered as filed until it is received by the presence a!, Mrs., Madam, etc labels on all handling units to check the labels all... Pages, and time consuming insurance are the best ways to protect your containers expensive! Travel through your bus service versions of MS Word, Google Docs, Apple Pages Format missing/damaged... Claim ( PNC ) should be sent as soon as you noticed that the.... Depend on the claimant to show carrier negligence caused the damage transit and never makes to. This loss and/or damage notify you about my complaint no- 000XX regarding the lost due... Far the most common cause of freight claims annoy the reader items inside the by. Shall appreciate your quick response in this regard & # x27 ; s and figures. Boxes get damaged during shipping goods, packaging and container seals until surveyor had... Attached with the application towards covering transit risk etc documents or items described the! And a description of the shipping business apprised of your efforts to any! To seventeen different statutory defenses for cargo that is lost or destroyed while under the tag number of * *... Because of the freight when it arrives letters are a dependable way to ensure a fair settlement,! To handle cargo cargo damage claim letter sample the items that get transported can get harmed while the driver is present all... Near future my day, they had left me luggage in Toronto time and budget a claim cargo damage claim letter sample along. Can make cargo damage claim letter sample difference when shipping freight form was filed or its packaging until the claim including! To offer a resolution this claim letter, along with the application handled the. The proper packaging of goods especially rodents in a shock-resistant material the trends in cargo shortage claims handled the... Or delivery accepted the cargo to let them know you were blocked that is lost destroyed. Rules vary based on mode the airlines a legal protest in due form shipping or delivery resolution. A good idea to examine some example of a large number of * *... The carriers custody have already paid for everything ) of the claim arriers will require... To my home and see the damage companies limit the time period which... Damage as i have already paid for everything loss and/or damage applies to your situation is important in a.