Freight claims: how the process works, the deadlines that matter, and the paper that decides them

Freight claims are where paperwork turns into money, in one direction or the other. For a shipper, a claim is how lost or damaged freight gets paid for. For a carrier, it's a liability that the documents either support or defeat. This guide covers the claim process step by step under federal rules, the deadlines that matter, what OS&D means, how concealed damage works, the documents that decide most claims, and how carriers prevent them. It isn't legal advice; for a disputed claim, talk to an attorney or your cargo insurer.

Set the dates below to see your claim's deadlines, and download calendar reminders. The fan underneath lists the documents that carry a claim, in the order you gather them.

What a freight claim is

A freight claim is a demand for payment from a carrier for loss, damage, injury or delay to a shipment. Federal rules set the minimum for a written communication to count as a claim: it must contain facts that identify the shipment, an assertion of liability, and a claim for a specified or determinable amount of money. That's all it takes, but it has to be in writing and sent to the right carrier within the deadline.

Source: 49 CFR 370.3(b), checked October 2026 Not legal advice.

Just as important is what doesn't count. Bad order reports, damage appraisals, damage notes on delivery receipts and carrier inspection reports are not claims by themselves. A receiver who writes "2 pallets damaged" on the POD has documented the problem; the claim still has to be filed separately.

Source: 49 CFR 370.3(c), checked October 2026

Carmack basics: carrier liability

Most interstate truck shipments fall under the Carmack Amendment, 49 U.S.C. 14706, which makes the carrier liable for the actual loss or injury to the property it carries, subject to the terms of the bill of lading and tariff. Carriers can, in some cases, offer a lower rate in exchange for limited liability, set out in the bill of lading or tariff and agreed by the shipper. That's why the bill of lading and the declared value matter: they set how much a claim can recover.

The law also sets minimum time limits. A carrier may not give a claimant less than 9 months to file a claim, or less than 2 years to sue after the carrier denies the claim in writing. The carrier's documents can allow more, never less. Our freight claim filing deadlines chart (coming soon) lays out each deadline and what starts its clock.

Sources: 49 U.S.C. 14706(e)(1), checked October 2026; 49 U.S.C. 14706(e)(1), checked October 2026 Not legal advice.

The freight claim process, step by step

1. At delivery: count the pieces, look for damage, and write any exception on the delivery receipt before signing. Photograph the freight, the packaging and the trailer.
2. Notify: tell the carrier the same day, in writing, and keep the damaged freight and packaging for inspection.
3. Gather: the bill of lading, the delivery receipt with exceptions, photos, the inspection report if there is one, and proof of value such as the commercial invoice or a repair estimate.
4. File: send a written claim with the three required elements and the documents, within the deadline. Our freight claim letter template (coming soon) gives you a starting point.
5. Wait, with dates: the carrier must acknowledge the claim within 30 days and pay, decline or make a firm compromise offer within 120 days. If it can't, it must send a status update every 60 days after that.
6. Resolve: accept payment, negotiate, or, if the claim is denied, decide on next steps before the deadline to sue.

Sources: 49 CFR 370.5(a), checked October 2026; 49 CFR 370.9(a), checked October 2026; 49 CFR 370.9(b), checked October 2026

Freight damage: where it usually starts

Most freight damage has ordinary causes, and knowing them helps both sides. Poor packaging and pallets built with overhang or unstable stacks fail first. Loads that shift because they weren't braced or strapped crush the freight beside them. Forklifts puncture cartons at the dock. Reefer loads spoil when the setpoint is wrong, the unit fails, or the doors stay open too long. Water gets in through damaged trailer roofs. Theft happens most often when a loaded truck is parked unattended. Many of these happen before pickup or after delivery, which is why the condition notes at both ends carry so much weight.

OS&D: over, short and damaged

OS&D stands for over, short and damaged: freight that arrives in a different quantity or condition than the bill of lading shows. Overages are extra pieces, which usually belong to another shipment. Shortages are missing pieces. Damage is anything from crushed cartons to broken product. Warehouses and carriers keep OS&D reports so mismatched freight can be traced and reunited. For a carrier, an OS&D written on a delivery receipt is an early warning that a claim may follow.

Concealed damage

Concealed damage is found after delivery, inside packaging that looked fine when the receiver signed. It's harder to claim because the delivery receipt was signed clean, so the carrier will ask whether the damage happened in transit or afterward. The receiver's best moves are to open freight promptly, report damage in writing as soon as it's found, keep everything for inspection, and photograph it. Many carriers set short windows for reporting concealed damage in their rules, so check the terms.

What proves a claim, and what defeats one

Most claims come down to comparing two documents. If the bill of lading shows 22 pallets in good order and the delivery receipt shows 21, the shortage happened in the carrier's care. If the driver wrote "shipper load and count" because the trailer was loaded and sealed before arrival, and the seal arrived intact, the question becomes harder for the claimant. Photos, seal records and exception notes at both ends usually decide it. If you need a clean bill of lading to start with, the bill of lading generator builds one.

How a freight claim is valued

The claim asks for the actual loss, usually measured by what the goods were worth, supported by documents. A commercial invoice shows the value of lost goods. For damaged goods, a repair estimate or the difference between full value and salvage value can measure the loss. Freight charges paid on lost goods may be part of it. Limits in the bill of lading or tariff can cap the amount, and the carrier may ask for the damaged goods or their salvage. A claim for a specified amount with clear backup moves faster than one that asks the carrier to work out the number.

Delay claims

A shipment can arrive intact and still lead to a claim if it arrives late and the delay causes a loss, such as perishables that spoil or a missed production run. Delay claims are harder: the claimant usually has to show that a delivery date was agreed, that the carrier missed it, and that the loss came from the delay. Appointment records, the rate con's delivery terms and messages about delays are the evidence on both sides.

When a claim lands on a carrier

For a small carrier, a claim notice is stressful, but the steps are clear. Acknowledge it in writing within the time limit. Ask for the claim documents: the delivery receipt, photos, the invoice and the amount. Notify your cargo insurer right away, because policies usually require prompt notice. Pull your own records: the BOL you signed, the seal number, your photos, any reefer download and your messages from the load. Arrange an inspection of the damaged freight if one is needed. Then respond on the facts, in writing, within the 120-day window. Ignoring a claim doesn't make it go away; it just removes your chance to answer it.

Cargo insurance and claims

Cargo insurance pays covered claims against a carrier, up to the policy limit and subject to its exclusions and deductible. Read your policy before you need it: the limit per load, the commodities excluded, conditions for reefer breakdown, theft from unattended trucks, and any requirement to report claims within a set time. Brokers check a carrier's cargo coverage when they set up the carrier, and high-value loads often require more coverage than a standard policy carries.

How carriers prevent freight claims

Carriers can't control what's inside a sealed box, but they control a lot:

• Count and inspect at pickup, and write exceptions before signing the BOL.
• Record the seal at pickup and confirm it at delivery before it's cut.
• Secure the load with enough straps, bars or blocking for the freight.
• Watch the temperature on reefer loads and keep the download.
• Drive it right: hard braking and sharp turns shift freight.
• Photograph everything at pickup and delivery.
• Check cargo insurance limits against the value of the freight before you book.

High-value loads deserve extra care, from the insurance limit to where the truck parks. Our guide to high-value freight covers what changes when the cargo is worth more than your policy.

Freight claims management

Shippers and carriers that handle many claims use systems to track deadlines, documents and payments, because missing a date can cost the whole claim. Our guide to freight claims management software explains what those tools do and when a small operation needs one. For a single truck, a folder per claim, the ClaimClock reminders and a log of every message do the same job.

Freight claims by equipment type

The claim rules are the same for every truck, but the risks differ, in alphabetical order:

• Box truck (26 ft): shortages on multi-stop deliveries and damage from hand-unloading.
• Car hauler: dents and scratches; condition reports at pickup and delivery decide most claims.
• Dry van: shortages and crushed freight from shifting loads, where seal records matter most.
• Dump truck: weight disputes more than damage; load tickets are the evidence.
• Flatbed: weather and securement damage; tarp and securement photos protect you.
• Hazmat and tanker: contamination and quantity disputes; wash tickets and seals matter.
• Hotshot: securement damage on mixed loads; photos after every stop.
• Oversize: damage at loading and from route clearance; route surveys and photos help.
• Power only: preloaded trailers you never saw loaded, so seal numbers and shipper load and count notes are essential.
• Reefer: temperature claims; the unit's download and the setpoint on the BOL decide them.
• Step deck: securement and weather, as with flatbeds.

When a broker is involved

On brokered freight, the shipper usually files against the carrier, sometimes through the broker. Some brokers hold back payment on a load while a claim is open, if the broker-carrier agreement allows it. Read that agreement before you sign it, and if a claim is filed against you, respond in writing, ask for the documents, and involve your cargo insurer early.

When a claim is denied

A denial isn't always the end. Read the reason, check it against your documents, and reply with any evidence the carrier didn't consider. Many disputes settle on a compromise. If they don't, the claimant can pursue mediation or a lawsuit within the time limit, which runs from the written denial. At that stage, an attorney or the cargo insurer should be involved. This guide doesn't replace either.

How our desk helps

Our owner-operator dispatch desk keeps every load's rate con, BOL, POD and photos together from the day they're signed, so when a claim or a short-pay arrives, the answer is already in the folder. You approve every load, and we keep the paper. Send an application.