How to File a Freight Claim Under the Carmack Amendment: A Shipper's Guide for 2026
When a truckload shows up damaged, short or not at all, the Carmack Amendment decides who pays and how. To file a freight claim under the Carmack Amendment, you document the damage at delivery, send the carrier a written claim for a specific dollar amount within nine months, and back it with your bill of lading, proof of delivery and invoice. Get those steps right and most claims resolve without a fight.
This guide walks through the rules, the deadlines, the paperwork and the mistakes that sink claims. It is written by MigWay, an asset-based truckload carrier in Pineville, North Carolina, running 400 trucks and 750 trailers. This is general information, not legal advice. For large or disputed claims, talk to a transportation attorney.
What is the Carmack Amendment and when does it apply?
The Carmack Amendment is a federal law, 49 U.S.C. § 14706, that makes motor carriers liable for "actual loss or injury to the property" they haul across state lines. It sets one national standard, so shippers do not have to sue under 50 different state laws.
- Applies to: interstate shipments handled by motor carriers, including the carrier that picked up the freight and the one that delivered it.
- Usually does not apply to: purely intrastate moves, which follow state law.
- Brokers: a broker that only arranges the move is generally not liable as a carrier under Carmack. If you book through a broker, the claim usually runs against the underlying carrier, which is one more reason to know who is hauling your freight.
Carmack also says a carrier stays liable even if it fails to issue a bill of lading. Paperwork mistakes do not erase the carrier's responsibility.
What does a shipper need to prove in a Carmack freight claim?
Under Carmack, a shipper makes its case by showing three things. After that, the burden shifts to the carrier.
- The freight was in good condition when the carrier took it. A clean bill of lading is the usual proof.
- The freight arrived damaged, short or not at all. A marked-up proof of delivery (POD) is the usual proof.
- The amount of the loss. An invoice, repair estimate or replacement cost shows it.
The carrier's defenses
Once the shipper proves those three points, the carrier must show it was not negligent and that the loss came from one of five exceptions, a rule set by the Supreme Court in Missouri Pacific Railroad v. Elmore & Stahl (1964).
| Defense | What it means | Example |
|---|---|---|
| Act of God | A natural event no one could prevent | A tornado hits the truck on the highway |
| Public enemy | Acts of war or hostile forces | Rare in domestic trucking |
| Act of the shipper | The shipper caused the damage | Poor packaging or a load the shipper blocked and braced badly |
| Public authority | Government action | Freight seized or destroyed by officials |
| Inherent vice | The nature of the goods caused the loss | Products that spoil or corrode on their own |
The "act of the shipper" defense comes up most often in dry van claims. That is why how you pack and load matters as much as how the carrier drives.
What are the deadlines for filing a freight claim?
Federal law and regulations set minimum timelines. Your carrier's bill of lading or contract may set its own, but it cannot shorten the federal minimums.
| Step | Deadline | Source |
|---|---|---|
| Shipper files written claim | At least 9 months after delivery (or expected delivery, for lost freight) | 49 U.S.C. § 14706(e) |
| Carrier acknowledges claim | Within 30 days of receipt | 49 CFR § 370.5 |
| Carrier pays, declines or offers settlement | Within 120 days of receipt | 49 CFR § 370.9 |
| Carrier status updates if still open | Every 60 days after day 120 | 49 CFR § 370.9 |
| Shipper files lawsuit | At least 2 years from the carrier's written denial | 49 U.S.C. § 14706(e) |
Nine months is the legal floor, not a target. File as soon as you know the amount. Evidence fades, and carriers settle faster when the load is still fresh.
How do you file a freight claim step by step?
Most claims are won or lost at the dock, before anyone writes a letter. Follow these steps from delivery to payment.
- Inspect before you sign. Count pieces and check for crushed, wet, punctured or shifted freight while the driver is there.
- Write specific exceptions on the POD. Write "3 cartons crushed, pallet 7" rather than "damaged." Vague notes like "subject to inspection" carry little weight.
- Take photos. Photograph the trailer interior, the seal, damaged pieces and labels before unloading further.
- Accept the freight in most cases. Refusing a partly damaged load can complicate the claim. You have a duty to limit the loss, so accept what is usable unless the whole load is a total loss.
- Notify the carrier fast. Call or email the carrier the same day with the PRO or load number and photos.
- Report concealed damage quickly. If damage turns up after unpacking, tell the carrier right away and request an inspection. Many carriers ask for notice within 5 business days.
- Keep the damaged goods. Hold the damaged freight and packaging until the carrier inspects or releases it. Carriers may take salvage.
- File a written claim. Under 49 CFR § 370.3, it must identify the shipment, state that the carrier is liable, and ask for a specific dollar amount.
- Track the response. Expect acknowledgment within 30 days and a decision within 120 days.
What documents should a freight claim include?
A complete package speeds up payment. Note that a damage report or inspection report alone does not count as a claim under federal rules. You still need a written demand for a specific amount.
- Written claim letter or the carrier's claim form, with a specific dollar amount
- Bill of lading showing piece count and condition at pickup
- Proof of delivery with the exceptions noted
- Commercial invoice or other proof of the goods' value
- Photos of the damage, packaging and trailer
- Repair estimate or replacement quote, if not a total loss
- Freight bill, if you are claiming freight charges
- Inspection report, if the carrier inspected
Put the carrier's load or PRO number on every page. Keep copies of everything you send.
How much can a shipper recover on a freight claim?
Carmack covers "actual loss," which usually means the value of the goods at destination, or the cost to repair or replace them. Paid freight charges on the damaged portion are often recoverable too.
There are limits to watch:
- Released value: a carrier can limit its liability if the shipper agrees in writing, often in exchange for a lower rate. This is common in LTL.
- Contract caps: many truckload contracts cap liability per load, such as $100,000. Check your contract and the carrier's cargo insurance.
- High-value freight: electronics, pharmaceuticals and some equipment can exceed standard cargo coverage. Declare value and confirm coverage before the load moves.
- Consequential losses: lost profits, production delays and similar losses are harder to recover and may be excluded by contract.
Before you tender a high-value load, ask the carrier for a certificate of insurance showing cargo limits. That five-minute step prevents most surprises.
How can shippers prevent freight damage claims?
The best claim is the one you never file. Most dry van damage comes from shifting, crushing and moisture. Most flatbed damage comes from weather and securement.
| Risk | Prevention |
|---|---|
| Freight shifting in a van | Use load bars, straps or airbags on partial loads; fill gaps |
| Crushed bottom layers | Double-stack only freight rated for the weight; use corner boards |
| Overhang damage | Keep cartons inside the pallet edge; stretch wrap tightly |
| Moisture | Check trailer floors and roofs before loading; tarp flatbed freight |
| Theft or shortage | Seal the trailer, record the seal number on the BOL, and count pieces at pickup |
| Disputes over condition | Photograph the loaded trailer before doors close |
A note on "shipper load and count"
Many truckload BOLs say "shipper load and count" (SL&C) when the driver cannot see the loading. That note shifts some burden to the shipper to prove the count and condition at origin. Photos and scale tickets at loading protect you. Our 53-foot dry van guide and flatbed securement guide cover loading details.
How does MigWay handle cargo and claims?
MigWay hauls every load on our own trucks with our own drivers, so there is one accountable carrier from pickup to delivery. If something goes wrong, you deal with us directly, not a chain of brokers and subcarriers.
- Asset fleet: 400 trucks and 750 trailers, dry van and flatbed.
- Live tracking: ELD and GPS on every load, so location and timing are on record.
- 24/7 in-house dispatch: report an issue to live people any time.
- Experienced drivers: at least two years of recent OTR experience required.
- Certificate of insurance on request: confirm cargo coverage before your first load.
Ready to ship with one accountable carrier? Request a freight quote or start a chat with our team, or call +1-980-255-3200.
What is the most important step in filing a Carmack freight claim?
The most important step in filing a freight claim under the Carmack Amendment happens at delivery: specific notes on the POD and clear photos. After that, send a written claim for a specific amount within nine months, include the BOL, POD and invoice, and track the carrier's 30-day and 120-day deadlines. Good loading practices at origin prevent most claims before they start.
Frequently Asked Questions
What is the Carmack Amendment?
It is a federal law, 49 U.S.C. § 14706, that makes motor carriers liable for actual loss or damage to freight they haul across state lines. It creates one national standard for cargo claims.
How long do I have to file a freight claim?
Carriers must give shippers at least 9 months from delivery to file a written claim. For lost freight, the clock starts from the expected delivery date. File as early as you can.
How long does a carrier have to respond to a freight claim?
The carrier must acknowledge the claim within 30 days and pay, decline or offer a settlement within 120 days. If it cannot decide by then, it must send status updates every 60 days.
What must a freight claim include?
Federal rules require a written claim that identifies the shipment, states that the carrier is liable, and asks for a specific or determinable dollar amount. Include the BOL, POD, invoice and photos.
Should I refuse a damaged freight shipment?
Usually not. Accept the freight, note the damage specifically on the delivery receipt and take photos. Shippers have a duty to limit losses, and refusing usable freight can complicate the claim.
What is concealed damage?
Concealed damage is damage found after delivery when the freight is unpacked. Report it to the carrier right away, keep the goods and packaging, and request an inspection. Many carriers ask for notice within 5 business days.
Can I file a freight claim against a broker?
A broker that only arranged the shipment is generally not liable as a carrier under Carmack. The claim usually goes against the carrier that hauled the load. Check your broker contract, which may add its own terms.
What defenses can a carrier use against a freight claim?
A carrier can avoid liability by proving it was not negligent and the loss came from an act of God, a public enemy, an act of the shipper, public authority, or the inherent nature of the goods.
How much can I recover on a freight claim?
Usually the actual value of the lost or damaged goods, or the cost to repair them, plus paid freight charges on that portion. Released value agreements and contract caps can limit recovery.
How long do I have to sue a carrier over a denied claim?
At least 2 years from the date the carrier gives written notice that it is denying all or part of the claim. Talk to a transportation attorney before that deadline if the amount is significant.