# Cargo insurance in Germany: why the carrier's liability will not pay for your goods

> If goods are lost in transit, a carrier in Germany is liable for no more than 8.33 Special Drawing Rights per kilogram, a fraction of the value of light, high-value goods. Cargo insurance pays the insured value of the goods, carrier's liability insurance covers hauliers and freight forwarders, and own-account transport cover protects goods you move in your own vans and trucks. These are three different contracts.

Quelle/Source: https://www.nammert.com/en/insurance-broker-cargo-insurance.php  
Updated: 2026-09-18

## Do I need cargo insurance if the haulier is liable anyway?

Yes, as soon as your goods are worth more than roughly ten euros per kilogram. Under § 431 of the German Commercial Code (HGB) and, for international road haulage, Article 23 CMR, carriers pay at most 8.33 SDR per kilogram of gross weight, and only if they are liable at all. A 10 kg box of electronics worth 8,000 euros yields about 100 euros. Cargo insurance pays the insured value regardless of the carrier's fault.

## At a glance

- **Carrier liability:** 8.33 SDR per kg gross weight (§ 431 HGB, Art. 23 CMR)
- **Compulsory?:** Not for goods; carriers above 3.5 t must hold liability cover (§ 7a GüKG)
- **Minimum under § 7a GüKG:** 600,000 euros per event
- **Contractual range:** 2 to 40 SDR per kg in standard terms (§ 449 HGB)
- **Own-account transport:** no carrier liability, your goods need their own cover

## Three policies that are often confused

Cargo insurance (Warentransportversicherung) is bought by whoever bears the risk in the goods under the sales contract. In Germany it is usually written on all risks terms under the DTV cargo clauses, the German counterpart of the Institute Cargo Clauses (A), and pays the value of the goods whether or not anyone is liable.

Carrier's liability insurance (Verkehrshaftungsversicherung) is bought by hauliers, freight forwarders and warehouse keepers and covers their liability towards customers, up to the legal limits. Own-account transport insurance (Werkverkehrsversicherung) protects your own goods, materials and tools carried in your own vehicles, which neither your motor policy nor any carrier covers.

## Liability limits in figures

German domestic carriage is governed by the Commercial Code. A carrier's liability for loss or damage is capped at 8.33 SDR per kilogram (§ 431 HGB); one SDR is worth a little more than one euro depending on the exchange rate. Standard terms may set the limit anywhere between 2 and 40 SDR if the customer is clearly informed (§ 449 HGB). International road haulage falls under the CMR convention with the same 8.33 SDR.

Most German forwarders trade on the ADSp 2017 terms, which add further caps, including 1.25 million euros per claim and 2 SDR per kilogram for multimodal transport involving sea legs. The caps fall away only for intent or recklessness with knowledge that damage would probably result (§ 435 HGB), which you would have to prove.

## Compulsory cover for road hauliers

Anyone carrying goods commercially or for payment in Germany with vehicles over 3.5 t gross weight must hold goods-in-transit liability insurance under § 7a of the Road Haulage Act (GüKG), for carriage with loading and unloading in Germany. The minimum sum is 600,000 euros per event, and an annual aggregate may not be lower than twice that. Proof of cover must be carried on the vehicle.

This duty does not apply to own-account transport. If you move your own goods, there is no carrier who is liable to you, and a load lost in a swerve is covered only by an own-account transport policy.

## Incoterms decide who insures

The sales contract, usually through an Incoterms rule, decides who bears the transit risk. Under Incoterms 2020 the seller must insure at least on Institute Cargo Clauses (C) terms for CIF and on (A) terms for CIP, in both cases for 110 percent of the contract price. Businesses shipping regularly insure everything under an annual open policy.

If you are moving a boat or yacht by road or sea, NAMMERT is not your broker but the underwriting agent itself.

## What is covered

- Loss of and damage to goods in transit, on all risks terms
- Road accident, overturning and falls
- Theft and robbery, including whole loads
- Damage during loading, unloading and transhipment
- General average and salvage at sea
- Storage in the course of transit, up to a time limit
- Carrier and forwarder liability, under a liability policy
- Own goods in own vehicles, under own-account cover

## What is not covered

- Insufficient packing by the shipper
- Inherent vice and natural characteristics of the goods
- Delay and loss of market unless agreed
- War, strikes and seizure unless included
- Wilful misconduct of the insured
- Shipments to or from sanctioned countries or parties

## Who needs it

- Traders and manufacturers who ship or receive goods regularly
- Exporters and importers whose Incoterms leave the risk with them
- Hauliers operating vehicles over 3.5 t, where liability cover is compulsory
- Freight forwarders, warehouse operators and couriers
- Trades and wholesalers delivering with their own vans
- Trade fair exhibitors shipping exhibits

## Who can do without

- Sellers on EXW terms where the buyer bears the risk from collection
- Shippers of low-value bulk goods where statutory liability is enough

## What it costs

Cargo premiums are a rate on the insured value, or on annual shipping turnover for open policies, plus German insurance tax. Carrier's liability is usually rated on freight turnover or number of vehicles.

**What drives the premium:**

- Type of goods: theft appeal, fragility, temperature sensitivity
- Route and means of transport
- Countries and regions
- Annual shipping value and maximum per conveyance
- Packing and load securing
- Deductible
- Claims history

_Cargo rates depend so heavily on the goods and routes that no reliable published benchmarks exist. We therefore give no example figures. Your premium is set in the quote._

## The policy levels on the market

- **Single shipment:** One consignment, one policy. For occasional or particularly valuable shipments.
- **Annual open policy:** All shipments during the year covered automatically up to a limit per conveyance, premium on turnover. The standard for regular shippers.
- **Worldwide programme:** Global transit including storage, trade fairs and exhibitions, often with war and strikes cover.

## How to recognise a good policy

| Criterion | Minimum standard | Strong policy | Why it matters |
| --- | --- | --- | --- |
| Scope | named perils | all risks under the DTV cargo clauses | With named perils, a loss of unclear cause is often not covered. |
| Insured value | invoice value | invoice value plus freight and expected profit | Otherwise freight paid and margin are missing from the claim. |
| Limit per conveyance | set too low | based on a full truck or container | When a whole truck is stolen, the limit per vehicle is what counts. |
| Storage | short transit storage only | pre-, interim and post-transit storage with long time limits | Goods often wait for weeks in third-party warehouses. |
| Carrier's liability | statutory HGB liability | also CMR, ADSp and contractually increased liability | Shippers often demand higher liability than the law provides. |
| Gross fault | covered only up to the legal caps | covered where unlimited liability arises from organisational fault | Thefts from unsecured parked trucks regularly lead to unlimited liability claims. |
| Own-account transport | not covered | own goods in own vehicles included | With no carrier involved, nobody else is liable for your goods. |

## Insurers on the German market

Cargo is a specialist line in Germany. Large property insurers write it alongside specialists for the haulage industry, and different insurers lead in cargo, carrier's liability and own-account cover.

- **Allianz**: marine and cargo lines for SMEs, agents and brokers
- **AXA**: cargo insurance via brokers
- **HDI Global**: Talanx industrial arm with marine department
- **Zurich**: transport and logistics for commercial clients
- **Helvetia**: German branch of Helvetia with marine business via brokers
- **KRAVAG**: part of the R+V group, focused on road haulage and logistics
- **Mannheimer**: part of the Continentale group, specialist lines via brokers

83 insurers supervised by BaFin, the German regulator, are licensed for this class of insurance. (Transportgüter). Source: BaFin company database, retrieved 2026-09-18. Insurers from other EU countries selling through a branch or without a German office are not included.

## Typical claims and who pays

- **Forklift drops a pallet at loading** (three to five figures, by cargo): Handling damage is among the most common cargo claims. Even restricted German cover pays when a package falls during loading or unloading.
- **Lorry and load stolen at a service area** (full cargo value, often six figures): Restricted cover only pays for named accidents to the vehicle. Theft needs full all risks cover, usually with parking conditions.
- **Poor packing, machine arrives dented** (five figures): Insufficient packing by the shipper is excluded under every policy. If you pack yourself, that risk stays with you.
- **Container washed overboard in a storm** (full cargo value): Institute Cargo Clauses (C) do not cover washing overboard, clauses (A) do. It is the clearest illustration of the difference.
- **Reefer fails, seafood spoils** (five figures): Inherent vice is excluded. Stronger policies pay if the refrigeration unit broke down for at least a stated number of hours.
- **Shipowner declares general average** (a share of cargo value plus security): Under general average every cargo owner contributes. Any cargo policy pays that share and provides the guarantee needed to release your goods.

## Myth or truth

- „If the ship declares general average, even owners of undamaged cargo have to pay." ✔ True. The cost of saving the voyage is shared between the ship and all cargo on board. Without insurance, the consignee must post security before the goods are released.
- „Cargo insurance only pays if someone was at fault." ✘ False. Cargo insurance is property cover and pays regardless of fault. Whether the insurer then recovers from the carrier is its own business.
- „Late delivery is covered by cargo insurance." ✘ False. Delay and loss of market are excluded unless specifically agreed. Under German law a carrier's liability for delay is capped at three times the freight charge.
- „Goods are commonly insured for 110 percent of their invoice value." ✔ True. The extra ten percent covers anticipated profit and incidental costs lost with the goods. It is standard in German and international practice.
- „Seizure of goods by customs at destination counts as a transit loss." ✘ Usually not. Seizure and measures by authorities are excluded unless specifically included. Checking documents and sanctions lists before shipping is the only real protection.

## Common mistakes

- Relying on the haulier's liability without knowing the per-kilo cap
- Agreeing Incoterms without checking when the risk passes
- Carrying your own goods with no own-account cover
- Assuming a UK or US marine policy automatically meets German contract requirements
- Hauliers mixing up compulsory § 7a GüKG cover with cargo insurance

## FAQ

### How much does a carrier pay if my goods are lost in Germany?

At most 8.33 SDR per kilogram of gross weight, just under ten euros per kilo depending on the exchange rate. The basis is § 431 HGB for domestic carriage and Article 23 CMR for international road haulage.

### What is the difference between cargo insurance and carrier's liability insurance?

Cargo insurance is taken out by the owner or risk bearer of the goods and pays their value. Carrier's liability insurance is taken out by the transport company and pays only where, and as far as, the carrier is liable.

### Is CMR insurance compulsory in Germany?

Hauliers using vehicles over 3.5 t must insure their liability under § 7a GüKG for carriage with loading and unloading in Germany. For purely international CMR transport there is no statutory duty, but shippers almost always require cover.

### How much does cargo insurance cost?

It is a rate on the insured value or annual shipping turnover, plus insurance tax. Goods, routes, packing and theft risk set the rate, so only a quote for your shipments is meaningful.

### Who insures under CIF terms?

The seller, but under Incoterms 2020 only at least on Institute Cargo Clauses (C) terms for 110 percent of the price. That is restricted cover, so buyers often add their own policy.

### Are goods in my own van insured?

Not by your motor policy, which covers the vehicle. For goods and tools in your own vehicles you need own-account transport cover, since no carrier is liable.

### Is the forwarder liable without limit for gross negligence?

The caps fall away for intent or recklessness with knowledge of probable damage under § 435 HGB. You have to establish that, which can take years. Your own cargo policy pays without that detour.

### What should I do when goods arrive damaged?

Note visible damage on the delivery note or CMR consignment note before signing. Under CMR, hidden damage must be notified in writing within seven days, excluding Sundays and public holidays. Inform your cargo insurer at the same time.

### Who insures the transport of a boat?

For boats and yachts, by trailer, truck or as deck cargo, NAMMERT acts as underwriting agent, not as broker, and quotes these transports directly.

## Legal basis and sources

- [Commercial Code (HGB), carriage of goods](https://www.gesetze-im-internet.de/hgb/)
- [Insurance Contract Act (VVG, German)](https://www.gesetze-im-internet.de/vvg_2008/)
- [BaFin company database (licensed insurers)](https://portal.mvp.bafin.de/database/InstInfo/)

## Request quotes

We obtain quotes and come back with a comparison. Free of charge and without obligation: the insurer pays our commission. You can write in English. https://www.nammert.com/en/insurance-broker-cargo-insurance.php#anfrage

---

NAMMERT Assekuradeur GmbH, insurance broker licensed under section 34d(1) of the German Trade Regulation Act, broker register no. D-C08Q-TOSD4-37. For boat and yacht insurance we act as underwriting agency, not as broker.

NAMMERT Assekuradeur GmbH, Karl-Marx-Straße 4, 15711 Königs Wusterhausen, +49 3375 29 12 77, info@nammert.com. Wikidata: Q141141479.
