How to File a Freight Claim: Step-by-Step Guide

Understanding the Types of Freight Claims

Freight claims fall into four categories, each with different documentation requirements and liability standards. Damage claims address freight that arrived at the receiver in damaged condition. The claimant must prove the freight was in good condition when tendered to the carrier and was damaged when delivered. Photographic evidence from pickup and delivery is essential.

Shortage claims address freight that is partially missing upon delivery. The BOL shows a specific quantity tendered, and the delivery receipt shows a lesser quantity received. The difference is the shortage, and the carrier is liable for the value of the missing items. Accurate piece counts at pickup and delivery prevent disputes about whether the shortage occurred during transit or at origin.

Loss claims address entire shipments that are lost or stolen during transit. These claims are typically the highest value and may involve theft investigation, police reports, and insurance subrogation. The carrier is strictly liable for lost freight under the Carmack Amendment unless they can prove the loss resulted from an act of God, public enemy, shipper fault, or the inherent nature of the goods.

Concealed damage claims are the most difficult to pursue because the damage is not discovered until after the receiver signs for delivery without noting exceptions. The challenge is proving that the damage occurred during transit rather than at the receiver's facility. Time limits for filing concealed damage claims are shorter, and the evidentiary burden on the claimant is higher.

Step-by-Step Process for Filing a Freight Claim

Step one: Document the damage immediately. Photograph the freight from multiple angles showing the damage, the packaging condition, and the overall shipment. Note the damage on the delivery receipt before signing. If the receiver discovers damage after signing, photograph immediately and preserve all packaging materials.

Step two: Notify the carrier in writing within the time limit specified in the bill of lading or carrier's tariff (typically 9 months for loss/damage, though shorter periods may apply). The written notice should include: the shipper and receiver names, the PRO number or BOL number, the date of shipment, a description of the damage or loss, and the claimed amount with supporting documentation.

Step three: Submit the formal claim with supporting documentation. Required documents typically include: the original BOL or a certified copy, the delivery receipt showing noted exceptions, photographs of the damage, the commercial invoice showing the value of the goods, the packing list, and any inspection reports. Submit all documents in one package rather than piecemeal to avoid delays.

Step four: Follow up regularly. Carriers have 30 days to acknowledge receipt of the claim, 120 days to make a disposition (accept, deny, or request additional information), and a reasonable time to pay accepted claims. If the carrier misses these deadlines, document the delays as they strengthen your position if the claim proceeds to litigation.

Essential Documentation for a Successful Claim

The bill of lading is the most important document in any freight claim because it establishes the contract of carriage and the condition of goods at tender. Ensure the BOL accurately describes the freight (quantity, weight, description) and notes any pre-existing damage as exceptions. An inaccurate or incomplete BOL undermines the foundation of your claim.

The delivery receipt with noted exceptions proves that damage occurred during transit. Train your receivers to inspect all freight thoroughly before signing and to note any damage, shortage, or discrepancy on the delivery receipt. A clean delivery receipt (signed without exceptions) creates a presumption that the freight was received in good condition, making subsequent claims much harder to pursue.

The commercial invoice establishes the value of the claim. The claimed amount should reflect the actual value of the damaged or lost goods at the time and place of shipment, not the retail price or replacement cost. Include quantity, unit price, and total value. If the goods were purchased from a supplier, the supplier's invoice provides the most defensible valuation.

Common Carrier Defenses and How to Overcome Them

The most common carrier defense is that the damage was pre-existing (present before the carrier took possession). Overcome this defense with clean pickup documentation: a BOL signed by the carrier's driver without exceptions, and photos taken before loading that show the freight in good condition. If the carrier's driver signed for the freight without noting damage, the carrier has difficulty claiming pre-existing damage.

Carriers also defend by claiming improper packaging. If the shipper packed the goods inadequately for the transportation method and the damage resulted from packaging failure rather than carrier negligence, the carrier may be exempt from liability. To overcome this defense, demonstrate that the packaging met industry standards for the type of freight and mode of transportation, and that the damage pattern is inconsistent with packaging failure.

The inherent nature defense applies to perishable goods that deteriorated during transit. The carrier argues that the spoilage resulted from the natural tendency of the goods to decay rather than any carrier negligence. Overcome this defense with temperature monitoring data showing that the carrier failed to maintain the specified temperature, or evidence that the transit time exceeded the agreed schedule, allowing deterioration that would not have occurred within the contracted timeframe.

What to Do When a Claim Is Denied

If the carrier denies your claim, request a written explanation of the denial with specific reasons and evidence supporting their position. Review the denial against your documentation and the Carmack Amendment's strict liability standard. If the denial is unsupported by the evidence, send a written rebuttal addressing each reason for denial with counter-evidence.

Mediation through the TIA or a neutral third party can resolve disputed claims without litigation. The mediator reviews both parties' documentation and facilitates a settlement discussion. Many freight claim disputes settle in mediation for 50 to 80 percent of the claimed amount, which is a reasonable outcome considering the time and cost of litigation.

Litigation in federal court under the Carmack Amendment is the final option for disputed freight claims. The Carmack Amendment establishes a uniform national standard for carrier liability in interstate commerce and preempts state law claims. Claims under $75,000 can often be filed in state court. Claims exceeding $75,000 with diverse citizenship between the parties belong in federal court. An attorney experienced in transportation law can evaluate your litigation options and likelihood of success.