How to claim for damaged or missing belongings

Key rules

• Delivery note: Write all visible damage on the delivery note before you sign it.
• Two recipients: Send written notice to the Spanish agent and the origin mover on the same day, then tell your insurer.
• Releases: Never sign a release with the mover without your insurer's agreement.
• Proof: Send notices by a trackable method and keep the receipt.
• Court time limit: Notice deadlines are short, but the time to sue is longer and depends on your transport mode.

Act on the day of delivery

Your claim starts at the door. Write every visible problem on the delivery note before you sign it, and take photos or video of the damage and the packaging before you move anything. Keep damaged items and their packaging until the carrier or insurer has inspected them.

Deadlines depend on how your goods travelled

Miss the written-notice deadline and you can lose the claim. Find your transport mode below. The timeline below shows the same steps in order.

Road, international. Visible damage goes on the delivery note on receipt. Damage you only find later must be reported in writing within 7 days of delivery, not counting Sundays and holidays. If the shipment arrives late, give written notice within 21 days of the goods being placed at your disposal.

Air. Give written notice of damage within 14 days of receiving your goods. For delay, give written notice within 21 days of delivery.

Sea. Visible loss or damage must be noted at delivery. For hidden damage, the international rules give you 3 days, while Spanish law allows 14 days. Use the shorter one to be safe.

Moves within Spain by road. Hidden damage must be reported within 7 days. If the carrier is not present at delivery, report visible damage within 24 hours.

Your moving contract may set shorter or longer periods. Read it and follow whichever is stricter.

How long you have to sue

Written notice is not the same as a lawsuit. These are the limits for taking a carrier to court:

• International road: 1 year from delivery, or 3 years for wilful misconduct. For total loss, the clock starts on the 30th day after the agreed delivery time, or the 60th day after pickup if no time was agreed.
• Air: 2 years from arrival, or from the date the aircraft should have arrived.
• Sea: 1 year under the international rules, 2 years under Spanish law.
• Within Spain by road: 1 year, or 5 years for wilful misconduct.

A written claim to the carrier can pause the road period. Ask a lawyer early to confirm which period applies to your contract.

Who to notify

Send written notice to two parties on the same day: the Spanish delivery agent, and the origin mover you signed the contract with. The contract holder is liable. Then tell your insurer straight away, as most policies require notice within a few days. Check whether your contract or policy names a specific claims contact.

Send it by burofax, registered mail or an email with confirmation, and keep the proof. The letter template below covers what to include. Sign and date it, and give a reply deadline.

Mover or insurer first?

Claim from the mover first if its liability is clear, but never wait for the result before telling your insurer. If you hold all-risk transit insurance, you can claim straight from the insurer, who then pursues the carrier. The mover's liability is capped by weight, so insurance often pays more.

Do not sign a release or settlement with the mover without your insurer's agreement. It could cost you the insurer's payout. Do not accept payment twice for the same loss.

Documents and payout

Gather the papers listed in the documents section below. Each insurer or mover also has its own claim form, so ask for it. Add a surveyor's report if the insurer asks for one.

Simple, well-documented claims with insurers often settle within one to three months of complete documents. Disputed claims, or those needing surveyors or court action, can take six months to over a year. Late payment of an undisputed amount can earn statutory interest. Ask your insurer or mover for the current timeline.

Choosing between options

Should you claim from the mover first or from your own insurer?

• Claim from the mover first: Choose this when the mover's liability is clear. Still tell your insurer now and do not wait for the result.

• Claim directly from your insurer: Choose this if you hold all-risk transit insurance, or if the mover's limited payout will not cover your loss. The insurer then pursues the carrier.

Tell both the mover and your insurer immediately, whichever you claim from first. Never sign a settlement with the mover before your insurer agrees.

Timeline and deadlines

• Write any damage you can see on the delivery note: At delivery, before you sign

• Send written notice of damage if your goods came by air: Within 14 days of receiving them; for delay, within 21 days of delivery

• Send written notice for moves within Spain by road: Within 7 days for damage you find later; within 24 hours for visible damage if the carrier is not present

• Send your written claim to the Spanish agent and the origin mover on the same day, then tell your insurer: Immediately, inside the notice period

• Wait for payment once your documents are complete: Usually 1 to 3 months for a simple claim; 6 months to over a year if disputed

• Go to court if the claim is refused, by air: Within 2 years of arrival at destination

• Go to court if the claim is refused, by sea: Within 1 year of delivery under international rules; Spanish law allows 2 years

Documents you need

• Your moving contract and the quote, from the mover.

• The transport document for your mode: bill of lading, road waybill (CMR) or air waybill, from the carrier or mover.

• The delivery note you signed, with your remarks about damage written on it.

• The inventory or packing list with the condition notes made at packing.

• Photos or video of the damage and of the packaging.

• A list of damaged or missing items with their values, backed by receipts or valuations.

• Repair estimates for damaged items.

• Your written claim notice, signed and dated, with proof that you sent it, such as a burofax receipt or an email with read confirmation.

• Your insurance policy and certificate, from your insurer.

• The customs documents for the shipment.

• A surveyor's report and the carrier's reply, if your insurer asks for them.

Checklist

• Photograph or film the damage and the packaging before you move anything.

• List each damaged or missing item with its value, and attach receipts, valuations or repair estimates.

• Write your claim notice with your contact details, the contract and waybill numbers, the date and place of delivery, and the carrier and agent names.

• Describe the loss in the notice, quote the remarks on the delivery note, and add your itemised claim value.

• State in the notice that you hold the carrier responsible, and ask for an inspection and for the evidence to be kept.

• Set a reply deadline in the notice, then sign and date it.

• Send the notice by burofax, registered mail or email with confirmation inside the notice period for your transport mode, and keep the proof of sending.

• Tell your insurer straight away and send a copy of the notice, without waiting for the mover's answer.

• Ask the insurer when the claim will be paid once your documents are complete.

What to watch out for

• Signing a release with the mover: If you sign a release or settlement with the mover without your insurer's agreement, you can harm the insurer's right to recover from the carrier. The insurer may then refuse to pay you. Show any settlement offer to your insurer and get its agreement before you sign.

• Waiting for the mover before telling your insurer: If you wait for the mover's answer before telling your insurer, you can miss the few days most policies allow for notice. Tell the mover and your insurer immediately, even while the mover's liability is still being decided.

• Relying only on the mover's payout: The mover's liability is limited, roughly 8.33 SDR per kg under CMR, so it can cover much less than your goods are worth. Ask your insurer what it would pay for the difference.

• Accepting payment twice: If you take money from both the mover and the insurer for the same loss, you are paid twice, and that is not allowed. Tell each one about any payment you receive from the other.

Damage and loss claim letter template

Send this notice in writing as soon as you find the problem. Damage you can see must already be written on the delivery note when the goods arrive. Damage you only find later must be reported in writing within 7 days of delivery. If the shipment arrived late, give written notice within 21 days of the goods being placed at your disposal. These periods apply to road shipments. Air and sea shipments, and some removal contracts, use different periods, so check your contract.

Send the same letter on the same day to the delivery agent in Spain and to the mover you signed the contract with. Then send a copy to your insurer. Your contract or policy may name a specific claims contact, so use it if it does.

The letter

Fill in every blank in square brackets. Delete any line that does not apply.

Subject: Written notice of [damage / loss / delay] to my goods, reference [contract or waybill number]

To: [Name of the delivery agent in Spain and/or the carrier] Copy to: [Name of the mover named in my contract] and [my insurer, with policy number]

Date: [date] Place: [city]

Dear Sir or Madam,

I am writing to give formal notice of [damage to / loss of / delay in delivery of] my household goods.

My details Name: [full name] Address in Spain: [address] Phone and email: [contact details]

The shipment Moving contract number: [number] Waybill or bill of lading number: [number] Mover (my contracting party): [name] Carrier and delivery agent: [names] Date and place of delivery: [date, address]

What happened [Describe in plain words what you found. Give the items, the quantities and the condition. Example: "Two boxes of kitchenware were crushed and the glass inside is broken. The wardrobe has a split side panel."]

Notes on the delivery note [Say what was written on the delivery note when you received the goods, or write "No reservations were written because the damage was not visible at delivery. I found it on [date]."]

Estimated value of the claim

I hold [the carrier and the mover] responsible for this [loss / damage / delay].

My requests

1. Please inspect the goods and packaging at [address] on a date agreed with me. Contact me within [number] days to arrange it.
2. Please keep all records of this shipment, including loading and handover documents, packing lists and tracking data.
3. Please reply in writing within [number, for example 14] days of receiving this letter, confirming how you will handle my claim.

Attached: [photos and video of the damage and packaging], [signed delivery note], [inventory or packing list], [receipts or valuations], [repair estimates], [moving contract and quote].

Yours faithfully,

[Signature] [Full name]

Before you send it

• Sign and date it. An unsigned or undated letter is easy to dispute.
• Send it by a method that leaves proof. Use registered mail with proof of delivery, such as a burofax, or an email with delivery or read confirmation. Keep the receipt.
• Attach copies, not originals. Keep the originals and the damaged items.
• Count the days from delivery. If the deadline is close, send the letter first and gather the estimates and receipts afterwards.
• Check what your insurer needs. Each insurer and mover has its own claim form and document list. Ask for it when you send your copy.

Frequently asked questions

Who should I send the written claim notice to?

Send it on the same day to the Spanish delivery agent and to the origin mover you signed the contract with. The mover is liable because it holds your contract, and the agent is often the carrier's representative. Then pass a copy to your insurer, and check your contract or policy for a named claims contact.

Does a written claim stop the time limit for suing the carrier?

For road transport under CMR, a written claim to the carrier can suspend the time limit, but it does not remove it. Do not rely on the suspension. Ask a lawyer early which time limit applies to your contract.

How long does it take to get paid on a claim?

A simple, well-documented claim with an insurer is usually paid within 1 to 3 months after it has all the documents. Disputed claims, or claims needing a surveyor, recovery from the carrier or court action, can take from 6 months to over a year. Late payment of an undisputed amount can add statutory interest.