Understanding the Difference Between Freight Insurance and Carrier Liability Limits (2024)

FAQs

Understanding the Difference Between Freight Insurance and Carrier Liability Limits? ›

Carrier liability is often limited, covering up to a specified amount per pound of freight, regardless of the shipment's actual value. Cargo insurance, conversely, is typically based on the declared value of goods being shipped, offering more tailored and comprehensive protection.

Differences Between Liability and Insurance

Freight insurance requires an additional fee, while carrier liability does not. With carrier liability, you need to prove that the loss was the carrier's fault. With freight insurance, you can skip this step since you only need to prove that a loss occurred.

The Carrier limit of liability determines the maximum amount of money that carriers can be held liable for in the event of damage, loss, or delay of cargo. However, limits of liability vary between carriers and situations.

Freight insurance protects the freight forwarder or carrier who has a legal responsibility for the goods. In the event of a claim, the value is often calculated on the basis of weight. Cargo insurance is designed to protect the sender of the goods – so the manufacturers, wholesalers and retailers.

Cargo insurance is something that you buy to protect against your financial losses from the loss of or damage to goods during transportation. Cargo liability insurance, on the other hand, is intended to protect the transportation company from the financial impacts of your cargo claims.

The word "carrier" in terms of insurance is just a synonym for company. An insurance carrier is the insurance company that covers your vehicle and is listed on your policy (e.g. Allstate, State Farm, etc.). An insurance "agency" is a business that sells insurance coverage through one, or multiple, companies.

For example, a carrier may be fined for violating hazardous material regulations. A carrier's liability can also be affected by the type of goods being transported. For example, carriers are usually not liable for loss or damage to live animals or perishable items.

Your policy outlines what events, or perils, trigger each coverage and how much your insurance company pays in each type of claim. However, your insurer isn't necessarily responsible for paying for your entire loss. Its responsibility is capped at a certain dollar amount, called the limit of liability.

367, 372 (1872). The burden then shifts to the carrier to prove that it was not negligent and that the sole cause of the injury was one of the five common law exceptions to carrier liability; namely, Act of God, inherent vice, public enemy, act of public authority, or act or omission of the shipper.

If you carry auto insurance with liability coverage limits of $50,000/$100,000/$30,000, those numbers are broken down as follows: $50,000: The maximum amount your insurer will pay for bodily injuries per person. $100,000: The total amount your insurer will pay for bodily injuries per accident.

What is covered under freight insurance? ›

It typically covers loss or damage to goods during transportation, but the coverage limits are predetermined and may not reflect the full value of the shipment. Basic freight insurance may have specific exclusions and limitations, such as certain types of damage or a maximum liability amount per pound.

Under CIF, the seller is responsible for covering the costs, insurance, and freight of the buyer's shipment while in transit. The buyer is responsible for any costs once the freight has reached the buyer's destination port.

Freight insurance is perhaps most important to freight companies because they are usually exposed to the most risk. The total value of the goods that the freight company carries represents a danger of unbearable financial loss. Freight insurance may very well save the life of the business.

Issues that arise from areas where the shipper has a lot of control, including damage due to poor packaging, flawed products or hazardous products, may not be covered.

In short, cargo insurance is a risk transfer method that enables the cargo owner to shift the accidental financial loss of cargo in transit to the insurance company, while carrier liability refers to the legal liabilities of the appointed transportation company for goods in their care, custody, and control.

Now that we've covered the terms, it's time to dive into the types of cargo insurance—specifically, all-risk cargo insurance and named perils insurance coverage.

Carrier liability insurance covers unexpected expenses and financial liabilities that are incurred in the transportation of goods and other items. This insurance policy also covers loading and unloading of goods along with the damage at the time of storage.

Who needs carriers' liability insurance? Freight forwarders, forwarding agents, furniture removal companies, couriers, or anyone who, in the ordinary course of business, carries goods owned by someone else, could be liable for damage to the goods and possibly even for secondary damage resulting from their service.

Common carriers, also known as public carriers, transport people or commodities and are liable for any probable loss of items during transport. They must also demonstrate to the regulator that they are “fit, willing, and able” to undertake the services for which they have been granted authorization.

Although the term may seem complicated to most, it is fairly straightforward. A freight carrier's legal liability determines the extent to which they are responsible for loss or damage to goods in transit. There are limitations and stipulations that must be considered with every case of damage or loss.