File a freight claim in writing within the time limit in your bill of lading, which can't be shorter than 9 months under federal law. The carrier must acknowledge it within 30 days and pay, decline or offer a settlement within 120 days. If it denies the claim, you have at least 2 years from its written notice to sue.
What counts as a freight claim
A freight claim is a demand for money from the carrier because your freight was lost, damaged or delayed. Under the Carmack Amendment, 49 U.S.C. 14706, a carrier is liable for the actual loss or injury to the property it hauls. That includes loss caused by the carriers that picked up, delivered or handled the freight along the way. In practice, the claim goes to the carrier, not to the broker who arranged the load.
Your deadlines, in one table
| Step | Time limit | Source |
|---|---|---|
| File a written claim with the carrier | Whatever the bill of lading says, but never less than 9 months | 49 U.S.C. 14706 |
| Carrier acknowledges the claim in writing | Within 30 days of receiving it | 49 CFR 370.5 |
| Carrier pays, declines or makes a firm settlement offer | Within 120 days of receiving it | 49 CFR 370.9 |
| Carrier updates you if it needs longer | At 120 days, then every 60 days | 49 CFR 370.9 |
| You sue if the claim is denied | At least 2 years from the carrier's written notice that it disallowed the claim | 49 U.S.C. 14706 |
Your bill of lading and the carrier's tariff set the actual filing window, so read them before you rely on the nine-month minimum. We cover what those documents contain in our guide to how to fill out a bill of lading.
What a valid claim has to contain
Notes on the delivery receipt are not a claim. Under 49 CFR 370.3, a bad order report or a note about shortage or damage on a freight bill or delivery receipt doesn't count as filing. A claim is a written communication to the carrier that does three things: it identifies the shipment, it asserts that the carrier is liable, and it asks for a specific or determinable amount of money.
Write the number down. "Please pay for the damage" is not enough. "Please pay $4,820, the invoice value of two crushed pallets on bill of lading 123456" is.
What to gather before you file
The bill of lading and delivery receipt. Show exactly what the driver signed for, including any exceptions written on it at delivery.
Proof of value. The commercial invoice or purchase order, so the amount you ask for can be checked.
Photos and the condition of the packaging. Take them at the dock before anything is moved, and keep the damaged goods and packaging until the carrier has had a chance to inspect.
Your own paperwork. Packing lists and any inspection report back up what was in the shipment.
What to do at delivery
Inspect the freight before the driver leaves, if you can. Count the pieces, check the packaging, and write specific exceptions on the delivery receipt, such as "2 pallets crushed, 3 cartons wet" rather than "damaged." A signature with no exceptions makes it harder to prove the damage happened in transit. Take photos of the freight, the packaging and the trailer, and keep the damaged goods and packaging until the carrier has had the chance to inspect them.
If you find damage after the driver has gone, tell the carrier in writing as soon as you can, and then file the claim. Don't wait for the deadline.
What the carrier has to do once you file
Under 49 CFR 370.5, the carrier's written acknowledgment must say what extra documents or information it needs to process the claim. The carrier must also open a separate file for the claim and give it a claim file number, and the acknowledgment must show the date it received your claim. Ask for that number and quote it in every message.
Under 49 CFR 370.9, if the carrier can't resolve the claim within 120 days, it has to tell you in writing why, and then update you every 60 days while the claim stays open. Keep those letters. They show the clock and the carrier's position.
What a claim letter can look like
Keep it short and specific. Name the carrier and the date of delivery. Give the bill of lading number and the PRO or tracking number. Describe what was lost or damaged in a sentence or two. State the amount you're claiming and how you calculated it. Say plainly that you hold the carrier liable and ask for payment. Attach the documents. Send it in a way that gives you a record of the date, such as email with a read receipt or a tracked courier, and keep a copy.
If you shipped through a broker
A broker arranges the shipment, but the carrier that hauled it is the party liable for the loss. Still, a good broker will help you gather paperwork, pass your claim to the carrier and push for an answer. Ask yours how it handles claims before you ship, and read the contract for anything that limits its role. Our guide to how brokers vet carriers explains why carrier selection matters, since careful vetting reduces how often claims happen at all.
If the carrier denies the claim
A denial isn't the end. The two-year window to sue starts only when the carrier gives you written notice that it disallowed the claim, or any part of it. A suit can be brought against a delivering carrier in a federal district court or a state court, or in the judicial district where the loss or damage is alleged to have happened. Talk to a transportation attorney before you decide, since the contract and tariff terms matter.
Common mistakes
Writing on the delivery receipt and stopping there. It helps your case, but it isn't a claim.
Missing the deadline. The contract can set a longer window than nine months, but not a shorter one. Don't wait to find out which one applies.
Leaving the amount vague. Without a specified or determinable amount, the claim may not meet the minimum filing requirements.
Freight claims questions
Who do I file a freight claim with?
With the carrier, in writing. The rule lets you file with the receiving carrier, the delivering carrier, the carrier that issued the bill of lading, or the carrier where the loss occurred.
How long does a carrier have to respond?
It must acknowledge your claim within 30 days and pay, decline or make a firm settlement offer within 120 days. If it needs longer, it must update you in writing.
Does the broker's bond cover my damaged freight?
No. The bond covers a broker's failure to carry out its contracts, not damaged cargo. See our BMC-84 guide for what it does cover.
Related reading: our freight insurance guide covers coverage options, and cargo theft in trucking covers the prevention side.
