Freight Claims Under the Carmack Amendment: Deadlines and Proof
How a damaged or short load turns into a claim: who is liable, which clocks run, what limits a carrier's payout, and the paper trail that decides the outcome.
The Carmack Amendment, 49 U.S.C. 14706, makes interstate motor carriers liable for the actual loss or damage to freight they carry under a bill of lading. A carrier’s contract cannot give the claimant less than 9 months to file a written claim or less than 2 years to sue after the carrier denies it in writing. Federal rules then require the carrier to acknowledge the claim within 30 days and decide it within 120 days.
Who is liable for lost or damaged freight?
Under Carmack, the receiving carrier, the delivering carrier, and any carrier over whose route the freight moved are liable to the person entitled to recover under the bill of lading. The claimant does not have to prove which carrier caused the damage. The shipper has to show three things: the freight was delivered to the carrier in good condition, it arrived damaged, short or not at all, and the amount of the loss.
Once that is shown, the burden shifts to the carrier. It can avoid liability only by proving it was not negligent and that the loss came from one of the traditional common-law defenses, such as an act of God, an act of a public enemy, an act of the shipper, an act of public authority, or the inherent nature of the goods. Courts apply these defenses narrowly.
The bill of lading is the core document here. For what belongs on it and why the driver’s signature counts, see our bill of lading explainer.
How long do you have to file a freight claim?
The statute sets minimums that a carrier’s terms cannot shorten. The carrier’s tariff or bill of lading may give more time.
| Step | Time limit | Source |
|---|---|---|
| Claimant files a written claim with the carrier | At least 9 months; standard bills count from delivery, or from a reasonable time for delivery if nothing arrived | 49 U.S.C. 14706(e) |
| Carrier acknowledges the claim in writing | Within 30 days of receipt, unless paid or declined in that time | 49 CFR 370.5 |
| Carrier pays, declines or makes a firm offer | Within 120 days of receipt | 49 CFR 370.9(a) |
| Carrier status updates if still open | At 120 days and every 60 days after | 49 CFR 370.9(a) |
| Claimant files a lawsuit | At least 2 years from the carrier’s written notice disallowing the claim | 49 U.S.C. 14706(e) |
Most standard bills of lading use exactly the 9-month and 2-year minimums. Missing the filing deadline usually ends the claim, so shippers should not wait for a carrier’s investigation before putting the claim in writing.
What makes a valid freight claim?
Under 49 CFR 370.3(b), a claim is a written communication filed with the proper carrier within the time limit that does three things:
- gives facts that identify the shipment, such as the BOL or PRO number, dates, origin and destination;
- asserts that the carrier is liable for the loss, damage, injury or delay;
- demands a specified or determinable amount of money.
A shortage note on the delivery receipt, an inspection report or a damage photo does not count as a claim on its own, according to 49 CFR 370.3(c). A claim for an uncertain amount, such as “$500 more or less,” does not meet the rule either until a definite figure is filed. The full regulation is on the eCFR page for 49 CFR Part 370.
What documents prove a cargo claim?
Carriers and their insurers ask for the same core set of papers. Gathering them before filing speeds the decision.
- the original bill of lading, showing count and condition at pickup;
- the delivery receipt or proof of delivery with any exceptions noted;
- the commercial invoice or other proof of the freight’s value;
- repair estimates or a salvage report for damaged goods;
- photos of the freight, packaging and trailer, with dates;
- the seal number at pickup and at delivery;
- any inspection report and the freight bill.
Concealed damage, found only after the cartons are opened, can still be claimed. Many carriers ask to be notified quickly and to inspect the goods and packaging, so keep everything until the carrier says otherwise.
What are released rates and limits of liability?
Carmack’s default is full actual loss, usually the invoice value of the goods. A carrier can limit that amount through released rates: a lower freight charge in exchange for a cap on liability, set by a written or electronic declaration of the shipper or a written agreement between the shipper and carrier. Courts generally enforce a limit only when the shipper had a reasonable chance to choose a higher level of liability.
In practice, many LTL carriers publish per-pound liability caps in their tariffs, which vary by carrier and freight class, and offer excess value coverage for an added charge. Truckload contracts often set a dollar cap per load. Shippers with high-value freight should compare the cap with the value of the load before tendering; our LTL vs truckload guide explains how tariffs and classes work. Household goods moves follow separate full-value protection rules.
How do carriers respond to a claim?
A carrier that receives a claim opens a file, assigns a claim number and records the date received, as 49 CFR 370.5 requires. It then checks the BOL, delivery receipt, driver statements, seal records and any telematics data. If other carriers handled the load and received similar claims, the carrier must notify the claimants and coordinate before paying.
The decision is one of three: pay in full, decline in writing with reasons, or make a firm compromise offer. Carriers usually pay small claims directly and send larger ones to their cargo insurer. Cargo insurance is a business choice for most freight carriers; the federal cargo filing applies to household goods carriers. See commercial truck insurance requirements for which coverages FMCSA requires.
Bottom line
The written denial starts the 2-year lawsuit clock, so a claimant who receives one should calendar the date immediately. Brokers, freight forwarders and household goods movers each have their own rules, and the question of whether a broker can be held liable under Carmack depends on its role and the courts in that circuit; an attorney who handles transportation claims can sort that out.
FAQ
Can a carrier make me file a claim in 30 days?
No, not for interstate shipments under Carmack. The statute bars a carrier from setting less than 9 months to file a claim. A carrier can ask for prompt notice of damage, but missing that request does not shorten the 9-month minimum.
Does a clean delivery receipt kill my claim?
It makes the claim harder but not impossible. Concealed damage found after delivery can still be claimed, though the claimant then has to show the damage happened in the carrier’s care.
Are freight charges refunded with the claim?
Often yes. Many claims include the freight charges paid on the lost or damaged portion as part of the actual loss. The carrier’s tariff and the facts of the case decide the final amount.
Do state laws apply to interstate cargo claims?
Generally no. Courts have long held that Carmack preempts most state-law claims for cargo loss or damage on interstate shipments. Claims tied to separate harms, such as personal injury, can follow other rules.
