Q & A

OCPD is a "safety cushion" for orders.

It protects you if something happens to the goods while you are in charge of them. But please note – this is not cargo insurance (CARGO).

Who requires it? Your customer (shipper, forwarding agent).  You will not get a good order without this policy, even though it is not legally mandatory (but the market requires it).

What is it for? So that in the event of a problem – loss, damage or delay in delivery – the insurer pays the compensation, not you out of your own pocket. But beware – coverage is determined on the basis of transport law – the carrier is not always liable for damage.

The difference lies in the legal basis and scope of liability:

• OCP (Carrier): Protects the carrier for damage to the shipment that occurred from the moment it was accepted for transport until it was delivered to the recipient. The carrier's liability is primarily governed by the CMR Convention (for international transport) or the Transport Law (for domestic transport). OCP protects the company against claims related to damage, loss or disappearance of goods.
• OCS (Forwarder): Protects the forwarder against damage resulting from non-performance or improper performance of forwarding services (e.g. error in the choice of carrier, incorrect instructions, delay in delivery). Liability is mainly regulated by the Civil Code. OCS does not protect against damage to goods during transport – the carrier is responsible for this.

No, OCP insurance is not mandatory under Polish or international law (CMR Convention). It is voluntary insurance, but in practice it is essential. Without an OCP policy, no reputable client (freight forwarder or direct shipper) will enter into cooperation, as it requires financial security in the event of damage to the goods entrusted.

A standard OCP policy, based on the CMR Convention, covers claims for:

• Total or partial loss of the consignment.
• Damage to the shipment.
• Delays in delivery.

Important: The scope of the policy is always extended by additional clauses (e.g. parking clause, gross negligence clause).

In a standard OCP policy, the chance of protection is limited or excluded. Most insurers apply a parking clause that requires the driver to use the following when resting (especially at night):

1. Secure car parks (paid, monitored, fenced)
2. Car parks that meet specific safety standards
3. Places that meet the CMR Convention requirements for due diligence.

In order to avoid problems with claims settlement in such situations, it is necessary to extend the policy with appropriate clauses that mitigate these requirements or specify what is an acceptable parking place (so-called liberalisation of the parking clause). We take care of such provisions.

Freight forwarders should pay particular attention to exclusions concerning:

1. Carrier liability: Insurers often exclude the forwarder's liability for damage caused by the carrier. It is important that the policy includes a clause protecting against errors in the choice of carrier or errors made by the carrier itself.
2. Violation of the client's instructions: Damage resulting from deliberate violation of the client's instructions.
3. Choice of a carrier that does not meet the requirements: Failure by the freight forwarder to verify whether the carrier has a valid and adequate OCP policy.
4. Timely reporting of damage: Failure to comply with short deadlines for reporting claims by the freight forwarder.

Cargo (insurance of property in transit) protects goods, while OCP protects the carrier against claims.

• OCP: Protects the carrier's interests and has limitations under transport law (e.g. amount limit – $8.33$ SDR/kg). Compensation is only paid if the carrier is legally liable for the damage.
• Cargo: Protects the interests of the owner of the goods (or the person who has legal title to insure the cargo). Provides protection against all risks (All Risks) regardless of who is at fault for the damage (driver, random events, force majeure).
• When to consider Cargo? Whenever you are transporting very valuable goods (electronics, pharmaceuticals) whose value exceeds the OCP liability limit, or when transport takes place under unusual conditions (e.g. sea, air), where the carrier's liability is minimal.

Cabotage is the transport of cargo within an EU Member State by a carrier registered in another EU country.

• Insurance requirement: Cabotage is not the same as international carrier liability insurance. It is purchased as an add-on to an international liability insurance policy. You can choose cabotage in Germany and/or cabotage in the EU excluding Germany – coverage for these transports in accordance with the legal requirements of the country in which cabotage is carried out. Most often, these are separate additional clauses described in the international carrier's civil liability insurance policy.
• Obligation/Requirement: Due to the specific nature of liability (often differing from the CMR Convention) and the requirements of some freight forwarders, cabotage should always be included in the scope of OCP to avoid a lack of coverage in the event of damage occurring during such transport.

Yes, it is very important. The TSL industry is regulated by numerous and complex regulations, which generates a high risk of disputes. You can use OP in situations such as:

• Labour law disputes (e.g. with drivers).
• Defence in criminal or misdemeanour proceedings (e.g. in road accident cases).
• Civil disputes related to contracts (e.g. debt collection, disputes with subcontractors).
• Administrative disputes with supervisory authorities (ITD, BAG, Labour Inspectorate).

Legal expenses insurance covers the costs of solicitors, experts and court proceedings, which is invaluable assistance.

Our role does not end with the sale of a policy – we are your advocate in the claims settlement process.

1. Analysis and preliminary assessment: Immediately after notification, we conduct a preliminary analysis of the documentation and assess the chances of compensation.
2. Reporting to the insurer: We prepare and send a formal report to the insurance company.
3. Monitoring and mediation: We actively monitor the claims settlement process, expedite the process, and provide additional documentation.
4. Support in disputes: In the event of an unfavourable decision by the insurer, we prepare and submit appeals on your behalf. We act as an expert and negotiator, striving to maximise your compensation.

Under Polish law, the insurer has 30 days from the date of receiving notification of the damage to make a decision and pay compensation. If additional proceedings are necessary to fully clarify the circumstances, this period may be extended (of which the insurer must inform you).

In practice, the time of payment depends on the completeness of the documentation and the speed with which your claim is proven. Our job is to ensure that the insurer meets these deadlines.

The four most important steps are:

1. Secure the load: Take all measures to minimise damage (e.g. reloading, repairing the tarpaulin, calling for service).
2. Call the police: In the event of an accident, theft or other serious damage, immediately call the appropriate services and obtain a report/note from the scene.
3. Photographic documentation: Take detailed photographs of the scene, damage to the load and the condition of the locks and security devices.
4. Reservations in the consignment note (CMR): If the damage was discovered during unloading, describe it clearly and in detail in the consignment note, preferably in the presence of the recipient and the carrier (if possible).

An insurance broker is an independent adviser who represents your interests, not those of the insurer.

1. Best offer: We negotiate policies for you with multiple insurers simultaneously, resulting in the broadest coverage at the best price.
2. TSL specialisation: We specialise in the transport industry, which means that we are familiar with the risks typical for your business (cabotage, theft of goods, gross negligence) and know how to protect you against them.
3. Claims support: We provide you with legal and technical support in the difficult process of claims settlement.

No, using Transbrokers.eu services is free of charge for you. Our remuneration (commission) is paid by the insurance company with which you conclude the contract. Importantly, thanks to their negotiating position, brokers often obtain better price conditions for their clients than those they would receive directly from the insurance company.

Risk analysis is the process of identifying, assessing and managing the risks to which your company is exposed. In the TSL industry, this is crucial because:

• Identification of gaps in protection: It helps to detect whether your OCP policy has any exclusions that are critical to your routes/cargo (e.g. transport of dangerous goods, transport to Russia/Ukraine, time clauses).
• Cost optimisation: Instead of purchasing a standard and often overly expensive package, we precisely tailor the scope and sums insured to the actual risk.

Our advantage lies in our deep specialisation and approach to claims settlement:

1. Exclusive specialisation in TSL: We work exclusively for companies in the transport, freight forwarding and logistics industries, which guarantees the highest level of knowledge about the latest legal regulations and market trends.
2. Strength in damage: Our experience translates into high effectiveness in negotiations with insurers in difficult and contentious cases, which is the most valuable service expected from a broker.

The process is simple and consists of the following steps:

1. Contact and questionnaire: You contact us and we send you the necessary documents to determine the details of the insurance
2. You grant us power of attorney – we act as a broker, so we must have the appropriate authorisation
3. We conduct a Needs Analysis to determine your expectations for the product we are to recommend
4. Analysis and Negotiations: We analyse the risks and then negotiate terms and prices with insurers.
5. Presentation of Offers: We present you with a comparison of the offers we have obtained, clearly indicating the differences in scope, inclusions and price (recommendation).
6. Policy Issuance: After your approval, we ensure that the policy is issued correctly and delivered on time.
7. Our role does not end with the policy; we also handle claims and provide after-sales service for the policy (annexes, consulting).

Yes, absolutely. This is one of the key pillars of our cooperation.

• Annexes and changes: We handle all changes during the term of the policy (e.g. purchase of a new vehicle, change in the sum insured, addition of a new driver).
• Renewals (recalculations): In advance (approx. 30 days before the end of the policy), we re-analyse the market to prepare the best offer for the following year.
• Consulting: We are available at any time to answer questions about the scope of coverage, client requirements or interpretation of provisions.

The responsibility lies with the broker, provided that the carrier/forwarder has provided the broker with all necessary and accurate information.

• The insurance broker (Transbrokers.eu) is a licensed entity and is covered by compulsory civil liability insurance for the performance of brokerage activities.
• If an error in the conclusion of the policy (e.g. insufficient sum insured, lack of a key clause) is the result of negligence or error on the part of the broker, Transbrokers.eu is liable for the damage and it will be covered by our civil liability insurance policy.

Therefore, it is crucial to choose a specialised and trusted broker who has adequate security and control procedures in place.

In order to prepare a preliminary, binding offer, we require a minimum amount of information, such as:

1. Broker letter (power of attorney)
2. Information about your business and the parameters of your current policy (e.g. period of cover)
3. List of vehicles to be insured (make, model, year of manufacture, GVW).
4. Information about claims from the last 2-3 years (number and value of claims).
5. Information about the goods being transported (types and highest unit value of the cargo).
6. Main transport routes (domestic, international – which countries).

A broker represents only the interests of the client (your company, TSL). An agent represents the insurance company whose products they sell.

The broker operates on the basis of a power of attorney from the client and a licence from the Financial Supervision Authority (KNF), which guarantees its independence from insurers. The agent operates on the basis of a contract with an insurance company.

The broker has access to the entire insurance market, negotiates terms and conditions, and creates proprietary insurance programmes (clauses) that eliminate gaps in standard offers (e.g., parking clause, subcontractor liability clause).

An agent is limited to the offerings of their insurer(s), even if they are a multi-agent. A broker compares and negotiates insurance terms from all insurers and can obtain unique provisions not available in standard distribution.

A broker bears their own professional civil liability (OC) towards the client for errors and negligence in their advice. The client's interests are additionally protected by the broker's mandatory civil liability insurance. An agent is primarily liable to the insurer for errors.

The broker actively supports the client in the claims settlement process, monitors timeliness, assists in completing documentation, and negotiates with the insurer on behalf of the client, ensuring the maximum amount of compensation. The role of the agent at this stage is often minimal or contractually prohibited.

The broker conducts an insurance audit, analysing the General Terms and Conditions of Insurance (GTC) and the actual needs of the company (routes, cargo, fleets, subcontractors), identifying exclusions and suggesting necessary extensions.

No. All you need to do is grant the broker a brokerage power of attorney. Policies taken out by your current agent will remain in force until the end of the insurance period, and the broker will take over the service and be responsible for renewing/negotiating new contracts.

No, granting power of attorney to a broker does not prevent cooperation with an insurance agent, but it does change the nature of that cooperation. Care should be taken with the content of the power of attorney and the terms of representation should be clearly established.

We can present a preliminary offer based on standard market data within 24–48 hours of receiving all the necessary information.

Obtaining a final, highly personalised quote, which is the result of negotiations and detailed risk analysis, may take 3 to 7 working days, depending on the complexity of the fleet and the number of insurers involved in the enquiry.

When a freight forwarder concludes a transport contract with the customer rather than a forwarding contract (undertaking to perform the transport rather than merely organising it).

This is an extension of the OCS policy, which protects the shipper when they are liable on a risk basis, like a carrier (for goods), and not just for their own organisational errors.

Most modern freight forwarders actually operate as Contract Carriers, and standard OCS does not cover their extended transport liability (when they accept a transport order, it is the content of the obligation, not the name, that determines whether we are dealing with a freight forwarding order or a transport order).

Sum per event (known as non-reductive) – fixed and not subject to reduction, regardless of the number of claims paid during the policy period, which provides protection up to the full, fixed amount for each claim. 

Sum for one and all events (known as reducible) – after compensation has been paid, the sum stated in the policy is reduced by the amount paid, which may lead to the sum being exhausted before the end of the insurance period.

OCZ "is your ticket to the profession"

OCZ is the policy you need to obtain and maintain a transport licence. It is proof for the GITD (General Inspectorate of Road Transport) that your company is solvent and has sufficient funds.

Who requires it: The authorities

What is it for? To obtain a licence to run a business.

Does it protect the cargo? NO! If the goods are damaged, this policy will not help.

The gross negligence clause is an extension of OCP that removes the insurer's liability exemption in situations where damage was caused by gross negligence on the part of the driver or carrier's staff. In accordance with transport regulations, the injured party may accuse the carrier of causing damage as a result of negligence, and this determines the absence of liability limits to the weight of the goods in international transport. This clause is not intended to protect against violations of the provisions regarding obligations arising from the content of the policy itself.

It is always necessary because a standard OCP policy often excludes coverage if this type of event occurs. Having this clause minimises the risk that the insurer will refuse to pay compensation due to human error that can be classified as gross negligence.

Intermodal Transport Operator Liability Insurance is the first insurance product on the Polish market that comprehensively protects the interests of intermodal transport operators (as carriers):

• protection at all stages of intermodal transport: terminal operations at a seaport – rail transport – road transport,
• subject of protection: civil liability for damage to transported cargo and sea containers (other transport units), including empty containers – on the return journey,
• territorial scope: worldwide,
• specific nature of intermodal transport: OTI civil liability insurance in the event of damage of unknown place and date of occurrence, without the need to indicate at which stage of transport the damage occurred,
• liability for subcontractors: the insurance covers liability for the actions of entities used by OTI in the performance of its duties,
• protection of OTI as a carrier: the insurance covers the intermodal transport operator as a carrier (in accordance with the actual role of OTI in intermodal transport).

1. Transport międzynarodowy (Konwencja CMR)

W transporcie międzynarodowym Twoja odpowiedzialność jest ograniczona kwotowo do 8,33 SDR za każdy kilogram brakującej lub uszkodzonej wagi brutto towaru.

Choć limit ten często chroni przewoźnika przy ciężkich i tanich towarach, przy lekkiej elektronice czy lekach może być niewystarczający, jeśli dojdzie do np. rażącego niedbalstwa (wtedy limit SDR „pęka” i odpowiadasz do pełnej wartości towaru).

Pamiętaj, że deklaracja wartości i specjalny interes w dostawie wpływają na zmianę Twojej odpowiedzialności.

2. Transport krajowy (Prawo Przewozowe)

W Polsce nie obowiązuje przelicznik SDR. Przewoźnik odpowiada do pełnej wartości przesyłki określonej w rachunku/fakturze lub na podstawie cen rynkowych.

Złota zasada: Suma gwarancyjna na jedno zdarzenie nie powinna być niższa niż najwyższa wartość towaru, jaką zdarza Ci się przewozić na jednym zestawie (aucie).

3. Na co zwrócić uwagę? (Checklista)

• Wymagania zleceniodawców: Spedytorzy często narzucają minimalną sumę (np.  250 000 EUR). Jeśli Twoja polisa opiewa na niższą kwotę, możesz nie otrzymać zlecenia.

• Agregat (Suma wszystkich zdarzeń): Sprawdź, czy suma gwarancyjna jest „na jedno zdarzenie”, czy „na wszystkie zdarzenia w okresie ubezpieczenia”. Najbezpieczniejsza opcja to pełna suma odnawialna po każdej szkodzie.

• Koszty dodatkowe: Suma powinna pokryć nie tylko sam towar, ale też koszty uprzątnięcia pozostałości po szkodzie, utylizacji czy akcji ratowniczej.

Podsumowując: Przejrzyj swoje listy przewozowe z ostatniego kwartału. Znajdź najdroższy ładunek i zaokrąglij jego wartość w górę – to Twoje absolutne minimum dla sumy gwarancyjnej.

Franszyza to Twój finansowy udział w szkodzie.

Oto jak rozróżnić jej dwa rodzaje:

1. Franszyza Redukcyjna (często zwana „Udziałem Własnym”)

To kwota, którą ubezpieczyciel zawsze potrąca z odszkodowania. Niezależnie od tego, jak duża jest szkoda, Ty zawsze dokładasz umówioną sumę.

Jak to działa? Jeśli masz franszyzę redukcyjną 500 PLN, a szkoda w towarze wyniosła 5 000 PLN, ubezpieczyciel wypłaci 4 500 PLN. Ty musisz „dołożyć” brakujące 500 PLN.

Wniosek: Pomniejsza każde odszkodowanie.

2. Franszyza Integralna (Próg minimalny)

To kwota, która określa, od jakiej wartości ubezpieczyciel w ogóle zaczyna brać odpowiedzialność za szkodę. Jeśli szkoda jest mniejsza niż ten próg – płacisz Ty. Jeśli jest większa – ubezpieczyciel płaci całość.

Jak to działa? Jeśli masz franszyzę integralną 500 PLN:

Szkoda wynosi 400 PLN? Ubezpieczyciel nie płaci nic (bo nie przekroczyłeś progu).

Szkoda wynosi 600 PLN? Ubezpieczyciel wypłaca pełne 600 PLN.

Wniosek: To sito na „drobnicę”. Ma za zadanie wyeliminować koszty administracyjne związane z likwidacją bardzo małych szkód.

Jednak w OCPD i OCS najczęściej spotkasz franszyzę redukcyjną (udział własny), wyrażoną kwotowo (np. 200 EUR) lub procentowo (np. 10% wartości szkody).