Claims
The freight claim process: steps, deadlines and documents
A US freight claim for loss or damage follows a fairly predictable path: note the exception, file a written claim within the carrier's time limit, support it with documents, and wait for the carrier to pay, decline or offer a settlement. Most claims that fail do so on paperwork and timing, not on the facts.
Not legal advice. This guide summarizes the federal rules that apply to US interstate motor carriers, freight forwarders and rail carriers. Your bill of lading, tariff or transportation contract sets the actual terms, and international shipments follow different conventions. Take advice on any significant or disputed claim.
The rules that shape a US freight claim
Two federal sources do most of the work for domestic truck shipments:
- The Carmack Amendment, 49 U.S.C. § 14706. It makes the receiving carrier, the delivering carrier and any carrier over whose route the goods moved liable to the person entitled to recover under the bill of lading, for the actual loss or injury to the property. It also says a carrier may not set a period of less than 9 months for filing a claim, or less than 2 years for bringing a lawsuit, counted from the date the carrier gives written notice that it has disallowed any part of the claim. Rail carriers are covered by a parallel provision, 49 U.S.C. § 11706.
- 49 CFR Part 370. FMCSA's regulations on how motor carriers and freight forwarders handle loss and damage claims: what counts as a claim, when it must be acknowledged, and when it must be resolved.
The 9-month figure is a floor, not a fixed deadline. The carrier's bill of lading or tariff may allow longer. Read the terms that apply to your shipment rather than assuming.
Carmack also allows carriers to limit their liability to a value declared by the shipper or agreed in writing, which is why the rate, the declared value and the tariff referenced on the bill of lading can matter as much as the damage itself. Freight moved through a broker raises separate questions about who the carrier was, so record the carrier's identity as well as the broker's.
Step by step
- Note the exception at delivery. Write shortages, visible damage and seal problems on the delivery receipt before signing, and photograph them. See what a proof of delivery should record.
- Report hidden damage quickly. If damage turns up after unpacking, notify the carrier promptly, request an inspection and keep the packaging. The concealed damage guide covers this case.
- Mitigate. Protect the goods from further harm and keep damaged items available for inspection or salvage unless the carrier agrees otherwise.
- Work out the amount. Usually the invoice value of the lost or damaged goods, or the repair cost, supported by documents. Freight charges on the lost portion are often included.
- File a written claim with a proper carrier, within the time limit in the bill of lading or contract.
- Track the carrier's response against the regulatory timelines below, and answer any requests for documents promptly.
- If declined, decide the next step: supply more evidence, negotiate, use arbitration if available, or consider a lawsuit within the contractual period, which may not be shorter than 2 years from the written disallowance.
What makes a written communication a claim
Under 49 CFR 370.3(b), a written communication filed with a proper carrier within the time limits counts as a claim if it does three things:
| Requirement | In practice |
|---|---|
| Identifies the shipment | Bill of lading or PRO number, ship date, origin, destination, shipper and consignee |
| Asserts liability | States that the carrier is responsible for the loss, damage, injury or delay |
| Claims a specified or determinable amount | A dollar figure, or a figure that can be worked out from what you provide |
The same rule, in 370.3(c), says that notations of shortage or damage on delivery receipts, bad order reports and carrier inspection reports do not, standing alone, count as a claim. A well-annotated delivery receipt is essential evidence, but it does not replace the written claim.
A claim for an uncertain amount, such as "about $500," is not paid until a claim for a specified or determinable amount is filed (370.3(d)). Put a number on it.
What the carrier must do, and when
| Stage | Rule | Source |
|---|---|---|
| Acknowledge | In writing within 30 days of receiving the claim, unless paid or declined in writing within that time. The acknowledgment should say what further documents are needed. | 49 CFR 370.5 |
| Investigate | Promptly and thoroughly. Where needed, the claim is supported by the bill of lading, evidence of freight charges and the invoice or a certified copy. | 49 CFR 370.7 |
| Resolve | Pay, decline, or make a firm compromise offer in writing within 120 days of receipt. | 49 CFR 370.9(a) |
| If still open | Write to the claimant at 120 days, and every 60 days after, with the status and the reason for the delay. | 49 CFR 370.9(a) |
| Salvage | Refused or undelivered damaged goods are sold or disposed of in a way that protects everyone with an interest, with records tying them to the shipment. | 49 CFR 370.11 |
Claim packet checklist
- Written claim letter or the carrier's claim form, signed and dated
- Bill of lading, including any declared value or released-rate terms
- Delivery receipt or proof of delivery, with exceptions noted
- Commercial invoice or other proof of value; repair estimate if repairable
- Freight bill and evidence the charges were paid, if claiming them
- Photos of the goods, packaging, seal and trailer interior
- Inspection report, if the carrier inspected
- For a lost shipment, a statement that the goods were not received from any other source (carriers may require one under 370.7(c))
- The OS&D report and any custody or handover records that show where the loss occurred
A simple claim letter structure
- Heading: "Notice of claim for loss and damage," date, carrier name, and your claim reference.
- Shipment details: bill of lading and PRO numbers, pickup and delivery dates, origin and destination.
- What happened: shortage, damage or loss, and when and how it was discovered.
- The statement that you hold the carrier liable, and the amount claimed with how it was calculated.
- A list of enclosures, and a request for written acknowledgment.
Send it by a method that proves the date of receipt, and diary the 30-day and 120-day marks.
Why custody records shorten claims
When several carriers or warehouses handled a shipment, the hardest question is often where the loss happened. A chain of custody record with count, seal and condition at each handover narrows that quickly, and answers the carrier's questions before they slow the file down.
Common questions
How long do I have to file a freight claim?
For US interstate motor and rail carriers, the carrier cannot set a period shorter than 9 months, usually counted from delivery or, for a lost shipment, from when delivery should reasonably have happened. The actual period is in the bill of lading or contract, and it can be longer.
Is a note on the delivery receipt enough to file a claim?
No. Under 49 CFR 370.3(c), notations on delivery receipts do not by themselves meet the claim filing requirements. They are important evidence, but you still need a written claim that identifies the shipment, asserts liability and states an amount.
How long does a carrier have to respond?
A motor carrier or freight forwarder must acknowledge a claim within 30 days and pay, decline or make a firm settlement offer within 120 days. If it cannot, it must report the status in writing at 120 days and every 60 days after.
Can I deduct the claim from the freight bill?
Many carrier terms prohibit it, and doing so can create a separate dispute over unpaid charges. Pay the freight bill and pursue the claim separately unless your contract says otherwise.
Do these rules apply to air or ocean shipments?
Not in the same way. International air and ocean cargo follow conventions such as Montreal and Hague-Visby, with much shorter notice periods. See the deadlines table in the disputes guide.
Last reviewed 2026-09-17