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18 February 2026 2 min.

Goods in transit: who bears the risk in case of damage?

Belgium, like many industrialized countries, is highly dependent on transport. Every day, raw materials, finished products, and goods are transported by road, rail, water, or air. Without transport, the economy comes to a halt. 

Jordy Storms
Jordy Storms

Account Manager

Vrachtwagen

But what happens when goods are damaged or lost during transport?

And who is liable for the damage? 

The carrier’sliability: often limited 

It is a persistent misconception that a professional carrier is always fully liable for damage to the transported goods. In reality, this liability is set by law and is in many cases limited. 

For road transport, the CMR regulations usually apply. These stipulate, among other things, that the carrier's liability is limited to 8.33 SDR per kilogram (approximately €10 per kg) of lost or damaged goods. For light but valuable goods, such as IT equipment, clothing, medicines, or alcoholic beverages, this may result in a considerable gap between the actual value and the reimbursable damage. 

Moreover, the carrier is only liable when an actual fault can be attributed to them. Damage caused by force majeure, unforeseen circumstances, or an accident for which the carrier is not responsible, is in principle excluded. 

CMR insurance versus cargo insurance

This is where confusion often arises. ACMR insurance policy is a liability insurance. It protects the carrier when they are held liable for damage to third-party goods during road transport. If there is no liability, then, in principle, there is no coverage.Cargo insurance, on the other hand, is property damage insurance. It insures the goods themselves, regardless of who is liable. This means that damage during transport can be compensated without first discussing liability.

Additionally, cargo insurance can be extended to include: 

  • Cover of anticipated profits 

  • Temporary storage in warehouses (for example, through a stock & transit policy) 

For companies with regular flows of goods, this offers much broader and clearer protection. 

Underestimated risk, real impact 

A single incident can have a significant financial impact. Not only does the direct value of the goods matter, but also contractual obligations, delivery delays, and reputational damage. 

When relying solely on the carrier's liability insurance, a significant part of the risk often remains uncovered. 

Security begins witha proper analysis 

Which solution is appropriate depends on your goods, their value, the chosen transport modes, and the sales terms applied. There is no standard answer. 

Would you like to check whether your goods flows are properly insured today? We would be happy to analyze your transport activities with you and consider which insurance solution best fits your company.>