How to File a Freight Claim in the USA (And Actually Get Paid)

A freight claim is filed when cargo is lost, damaged, or delayed during transit. Under the Carmack Amendment (49 U.S.C. §14706), US motor carriers are legally liable for cargo in their care — but liability is not unlimited, the process for collecting requires specific steps done in a specific order, and carriers use every available rule to minimize what they pay. Knowing the process is the difference between collecting your loss and absorbing it.

What the Carmack Amendment covers

The Carmack Amendment is the federal law governing carrier liability for interstate freight in the United States. Understanding what it covers — and what it does not — is essential before filing a claim.

• What it covers: Actual loss or damage to cargo while in the carrier's care, from the time of pickup to the time of delivery.
• What carriers are not automatically liable for: Acts of God (flood, tornado, hurricane); acts of the public enemy; inherent vice or nature of the goods (frozen goods that thaw, produce that ripens); acts of the shipper (improper packaging, incorrect address); and acts of public authority (government seizure).
• Released value liability: This is the most important trap for shippers. If you shipped freight without declaring a higher value and paying the applicable rate, most carriers limit their liability to a default released value — often $0.10 per pound for general freight under a tariff default. A 200-lb shipment of electronics worth $8,000 could result in a maximum carrier payment of $20. This is not accidental — it is the standard terms unless you specifically declared higher value.

Step 1 — Document damage at delivery (critical)

What you do — or fail to do — at the time of delivery determines whether you have a viable claim. This step cannot be reconstructed after the fact.

• Note visible damage on the delivery receipt before signing. A general "subject to inspection" notation is not sufficient — write the specific damage observed ("two cartons crushed, shrink wrap torn, pallet damaged"). The driver may resist; this notation is your right.
• Take photographs immediately — the damaged cargo, the packaging, any exterior damage visible on the trailer or pallet, and the delivery receipt with your notation clearly visible.
• For visible damage: If damage is severe, refuse the shipment and note the refusal on the delivery receipt with the reason. Refusal preserves your claim — the carrier must return the goods and is responsible for resolution.
• For concealed damage (damage discovered after delivery and unboxing): notify the carrier promptly — generally within 5 business days of delivery. Do not discard the original packaging.
• Preserve everything — the original packaging, internal packing materials, damaged goods, and all documentation. Do not dispose of anything until the carrier has inspected or explicitly waived inspection rights.

Step 2 — Notify the carrier promptly in writing

Verbal notification is not sufficient. Written notice is required, and timing matters.

• Visible damage: Notify within 5 business days of delivery
• Concealed damage: Notify within 5 business days of discovery
• Loss or non-delivery: Notify as soon as the shipment is confirmed overdue
• Email is sufficient for written notice — send to the carrier's claims department and request acknowledgment
• State clearly: PRO number, BOL number, date of delivery, description of damage or loss, and that you intend to file a formal claim

Step 3 — File the formal claim in writing

A formal freight claim is a specific document. Incomplete claims are rejected by carriers. Include all of the following:

• Date and invoice number of the original shipment
• PRO number (carrier's tracking number) and BOL number
• Description of goods and quantity shipped
• Full description of the loss or damage
• Dollar amount claimed (with supporting documentation)

Supporting documentation to attach:

• Commercial invoice (original purchase price of the goods)
• Packing list
• Photographs of the damage
• Repair estimates or replacement purchase quotes from qualified sources
• Original BOL and delivery receipt with damage notation
• Any other documentation relevant to the value of the goods

Most large carriers have online claim portals or a dedicated claims email address. Use the written channel even if you also spoke to someone by phone — the phone call creates no record.

Timelines you must know

Missing any of these deadlines can permanently forfeit your right to collect, regardless of the merit of your claim.

• 9 months from delivery date: Federal deadline to file a freight claim. This is a hard cutoff under the Carmack Amendment. Missing it means the carrier has zero legal obligation to pay, even for clear damage.
• 30 days: Carrier must acknowledge receipt of your claim within 30 days.
• 120 days: Carrier must pay, deny, or make a settlement offer within 120 days of receiving the formal claim.
• 2 years from denial: If the carrier denies your claim, you have 2 years from the date of denial to file a lawsuit. This is also a hard deadline.

What carriers do to minimize payouts

Understanding carrier tactics helps you counter them.

• Dispute packaging: Claim the damage resulted from the shipper's inadequate packaging (the PBO — "Packed By Owner" — rule). This shifts liability back to the shipper. Counter this by documenting your packaging standards and practice — photos taken before shipment are valuable here.
• Apply released value: Default to $0.10/lb if you did not declare a higher value and pay the applicable rate. If you shipped high-value goods without declaring their value, this is legally defensible by the carrier.
• Cite inherent vice or acts of God: For perishable or fragile goods, carriers may argue the damage resulted from the nature of the goods rather than their handling.
• Delay until the shipper gives up: Some carriers intentionally slow-walk the process, banking on shippers missing deadlines or accepting a nuisance settlement. Track your timelines on a calendar.
• Early low settlement offer: A quick settlement offer significantly below actual loss is a common opening move. Do not accept the first offer without calculating whether it covers your actual damages.

How to negotiate a better settlement

• Do not accept the first offer if it is below your documented actual loss. Respond in writing with your counter and the supporting documentation.
• Provide a professional repair estimate, not an internal estimate. An invoice from a qualified repair shop is worth more than your internal assessment.
• If the carrier disputes packaging, provide documentation of your packaging standards — photos from before shipment, packaging specifications, or any certification that the packaging met industry standards.
• Escalate to the carrier's VP of Claims or claims director for claims over $10,000. Front-line claims adjusters have limited settlement authority. Escalation often produces a materially better offer.
• Small claims court is viable for claims under the applicable state threshold (typically $10,000–$25,000 depending on the state). Carriers rarely contest small claims court appearances and often settle before the hearing.

When to hire a freight claims attorney

For claims exceeding $25,000 that are disputed by the carrier, a transport attorney who specializes in the Carmack Amendment is worth the cost. Many work on contingency for clear-liability cases — they collect a percentage of the recovery rather than billing by the hour. They know the Carmack playbook better than the carrier's claims team and can move the process significantly faster.

Do not wait until you are near a deadline to consult an attorney. The earlier in the process you involve counsel on a large disputed claim, the more options you have.

TRUCC provides properly documented shipments with correct BOLs and delivery receipts from the start — reducing claim disputes before they begin.