Guide for shippers
Freight damage claims: what to do when something arrives damaged
- Freight damage claims are built at the dock: write the damage on the delivery receipt, take photos and keep the goods and the packaging before you sign.
- The claim itself is filed in writing with the carrier. For interstate shipments, the Carmack Amendment (49 U.S.C. § 14706) doesn't let a carrier give you less than nine months to file it.
- A broker doesn't decide claims, but it should give you the carrier's details and help you file.
At the dock: note it on the BOL/POD, photos, keep packaging
Inspect the freight while the driver is still there. Count the pallets and the pieces against the bill of lading, then look for crushed or wet cartons, torn wrap, broken bands and pallets that have shifted. This matters on every kind of shipment: LTL and partial loads are handled at more points along the way, and a full truckload can shift if it wasn't braced well.
- Write it down, specifically. On the delivery receipt or the BOL, before signing, note what is wrong. “1 of 6 pallets crushed on top, 8 cartons damaged” says far more than “damaged”.
- Take photos. Photograph the freight on the trailer if you can, then each damaged pallet, the labels and the paperwork with your notes on it. Wide shots and close-ups both help.
- Keep everything. Don't throw away damaged goods or packaging, and don't repair them before the carrier has had a chance to inspect. Set them apart from your good stock.
- Accepting isn't giving up. In most cases, accepting damaged freight doesn't waive your claim; noting the damage on the delivery receipt is what makes it easy to prove. Refusing a delivery creates problems of its own, so check with us before you refuse.
Notify in writing
Before you sign the delivery paperwork the driver gives you (the bill of lading or proof of delivery), write down what's damaged, take photos and keep the goods and packaging. Tell us in writing within 24 hours (5 business days if the damage was hidden); those notices are for coordination and don't shorten the time you have to claim. The claim itself is filed in writing with the carrier, which is responsible for freight in its care under the bill of lading; we give you the carrier's legal name, MC/USDOT and insurer and help you file it.
An email is enough for that first notice. Include the BOL or PRO number, the delivery date, what is damaged or missing and your photos. If the carrier asks to inspect the freight, make it available and keep a record of the inspection: who came, when, and what they saw.
Filing with the carrier: the 9-month window under the Carmack Amendment
For interstate shipments by truck, the Carmack Amendment (49 U.S.C. § 14706) makes the carrier liable for actual loss or injury to the property it transports, with some exceptions and subject to any limit set in its tariff or on the bill of lading. The same law doesn't let a carrier give you less than nine months to file a claim, or less than two years to sue after it disallows a claim in writing. Many bills of lading use exactly that: a written claim filed within nine months after delivery (or after a reasonable time for delivery has passed, if the freight never arrived). Check your BOL and the carrier's tariff for the deadline that applies, and don't wait for it; a claim filed while the facts are fresh is easier to support.
The federal claim rules in 49 CFR Part 370 say a claim should identify the shipment, state that the carrier is liable for the loss or damage, and ask for payment of a specific or determinable amount of money. In practice, send:
- a claim letter or the carrier's claim form, with the amount you are claiming;
- the bill of lading, and the delivery receipt or POD with your notes;
- the commercial invoice or another proof of what the goods are worth;
- your photos, and a repair estimate or a record of what was salvaged or thrown away.
Under the same rules, a carrier is expected to acknowledge a claim within 30 days and, within 120 days, to pay it, decline it or make a settlement offer — or else to tell you in writing where it stands.
Concealed damage
Sometimes the outside of a pallet looks fine and the damage only shows when the cartons are opened. That is concealed damage, and it is harder to claim, because the carrier will ask whether it happened in transit or after delivery.
- Open and check freight as soon as you can after delivery, before it goes into your stock.
- When you find damage, stop unpacking, photograph the cartons and the product, and keep everything as you found it.
- Notify the carrier in writing right away and ask for an inspection. Many carriers require notice of concealed damage within 5 business days of delivery, and some ask for it sooner; check the rules that apply to your shipment.
A short notice period like that is about inspection and evidence; the deadline for filing the claim itself is the one in your bill of lading. Even so, the longer the gap between delivery and the first notice, the harder it is to show the damage happened on the truck.
What a broker does and doesn't do in a claim
A broker arranges the shipment. It doesn't have the freight in its care, and it isn't the carrier named on the bill of lading. The claim is decided by the carrier and its cargo insurer, under the bill of lading, the carrier's tariff and the law, and no broker can promise how a claim will turn out.
What a broker can do is make the process easier. When something arrives damaged on a shipment we arranged, we give you the carrier's legal name, MC/USDOT and insurer and help you file the claim, and we pass along the shipment documents we have, such as the bill of lading and the proof of delivery.
The carriers we book carry at least $100,000 in cargo insurance, checked on their certificate of insurance. That insurance is the carrier's and follows its policy terms. If your freight is worth more than $100,000, tell us when you ask for a price, and for full value keep your own cargo policy. Our FAQ has more answers, and you can ask for a quote for your next shipment.
Ship with a broker that helps when things go wrong
Questions about freight damage claims
How long do I have to file a freight damage claim?
Check your bill of lading and the carrier's tariff. For interstate shipments, the Carmack Amendment doesn't let a carrier set less than nine months to file, and many bills of lading use nine months after delivery. Don't wait for the deadline: file as soon as you can.
Can I refuse a damaged shipment?
You can, but refusing has consequences: the freight may go back to the carrier and new charges can build up. In many cases it is better to accept it, note the damage in detail on the delivery receipt and file a claim. Check with us before you refuse.
Will my claim be paid in full?
That depends on the facts, the carrier's liability under the law and its tariff, any limit agreed on the bill of lading, and the carrier's insurance. Nobody can promise a result in advance; good notes, photos and documents give your claim its best footing.
This guide is general information about freight brokerage, not legal advice. Your bill of lading, quote terms and the carrier's tariff govern each shipment.