Is my business liable if a subcontracted driver causes an accident?
- 01.08.2026
I sent an expensive item through a courier company and it never arrived at its destination. The company says its liability is limited to a small fixed amount printed on the back of the consignment note, far less than what the item was worth. Is that enforceable?
Courier and freight companies commonly rely on standard terms that limit their liability for loss or damage, and these limitation clauses are generally enforceable under the Contract and Commercial Law Act 2017 if they were properly brought to your attention before or at the time you contracted, for example printed on the consignment note or referenced in the booking terms. If you were not given a reasonable opportunity to see the terms, or if the courier engaged in misleading conduct about the level of cover, you may have grounds to challenge the limitation under the Fair Trading Act 1986. Many couriers offer additional declared value or insurance cover for an extra fee, so check whether this was offered and declined. Keep proof of the item's value and the booking confirmation, and lodge a formal claim with evidence, since insurers and couriers expect documentation.
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