Freight Claims Basics: Filing Under the Carmack Amendment

When a truckload or LTL shipment arrives damaged, short or not at all, the way you document it in the first hours can decide whether you recover your loss. In the United States, interstate trucking claims are generally governed by a federal law called the Carmack Amendment. This is a plain-language overview, not legal advice; for a specific claim, check your carrier’s tariff and consider a transportation attorney.

What the Carmack Amendment does

In general terms, it makes motor carriers liable for loss or damage to goods during interstate transport, subject to limits that may be set out in the contract or tariff. A shipper or consignee typically has to show the goods were in good condition when handed over, arrived damaged or short, and the amount of the loss.

Two rules to remember first

1. Notes on the delivery receipt matter. If the freight is visibly damaged, note it on the delivery receipt or bill of lading before the driver leaves. Our bill of lading page explains this document.
2. Deadlines are strict. Federal rules generally require a written claim within nine months of delivery (or the expected delivery date in a loss case), and lawsuit deadlines run from the carrier’s denial. Confirm the exact periods in your bill of lading and with counsel.

Visible vs concealed damage

• Visible damage: crushed cartons, torn wrap, leaking pallets. Photograph before opening and write exceptions on the receipt.
• Concealed damage: found only after unpacking. Report it as soon as possible, keep all packaging and ask for an inspection.

Documents you will need

• Original bill of lading and delivery receipt
• Commercial invoice showing the value of goods
• Packing list and photos of the packed shipment
• Photos of damage, packaging and labels
• Repair estimate or proof of loss amount
• Written claim letter with a specific dollar amount

Step-by-step claim process

1. Note exceptions at delivery and take photos.
2. Notify the carrier promptly in writing.
3. Keep damaged goods and packaging available for inspection.
4. File a written claim with all supporting documents.
5. Track the carrier’s acknowledgment and response deadlines.
6. Compare any settlement with your insurance coverage.

Where the warehouse fits in

A receiving team that inspects and records condition at the dock creates the evidence you need. Read our guide on OSD claims (over, short, damaged) for how discrepancies are reported. Photographs and signed exceptions at receiving make claims easier to support.

Insurance and limits of liability

Carrier liability can be limited by weight or by a declared value in the tariff, so the payout may be lower than your invoice value. For valuable cargo, consider separate cargo insurance. Our post on cargo insurance vs warehouse liability explains the difference.

Prevent claims in the first place

Use sturdy pallets, good wrap and corner protection, and consistent labeling. See our pallet types and ISPM 15 guide for pallet basics.

If you need an inspection-friendly receiving partner in Miami, see our warehousing services.

Frequently asked questions

What is the Carmack Amendment?

It is a U.S. federal law that generally governs a motor carrier’s liability for loss or damage to goods in interstate shipments.

How long do I have to file a freight claim?

Federal rules generally require a written claim within nine months of delivery, but check your bill of lading and talk to counsel because your situation may differ.

Should I refuse a damaged delivery?

Often you can accept it with exceptions noted on the delivery receipt, and photograph the damage. Ask your carrier or counsel for the best approach for your shipment.