How to file an LTL freight claim
Most LTL freight arrives fine. When it doesn’t, what you do in the first five minutes at the dock decides whether you get paid. This guide covers the delivery receipt, visible and concealed damage, the federal deadlines that govern claims, what to send and how much the carrier actually owes.
The rules behind every freight claim
Interstate motor carrier claims in the U.S. are governed by the Carmack Amendment (49 U.S.C. § 14706) and the claim-handling regulations in 49 CFR Part 370. In plain terms:
- The carrier is liable for actual loss or damage to freight in its care, with a few defenses: acts of God, acts of a public enemy or public authority, the nature of the goods themselves, and acts or fault of the shipper (such as poor packaging).
- To recover, you generally need to show the freight was tendered in good condition, arrived damaged or short, and the amount of your loss.
- The carrier can limit its liability through its tariff and the bill of lading. That is covered below, and it matters more than most shippers realize.
Step 1: Inspect before anyone signs
The delivery receipt (the carrier’s copy of the delivery paperwork) is the single most important document in a claim. A clean signature is evidence the shipment arrived complete and in good condition. Before signing, the receiver should:
- Count every piece against the delivery receipt, pallets and cartons.
- Look at every side of each pallet: torn or re-wrapped film, crushed corners, holes, forklift punctures, leaning stacks, wet or stained cartons, broken banding.
- Note every exception on the receipt, specifically. “2 of 6 pallets, 4 cartons crushed, wrap torn” is useful. “Damaged” is weak. “Subject to inspection” on its own usually protects nothing.
- Have the driver sign or acknowledge the notation if possible, and keep your copy.
- Photograph it before it moves, with the PRO number or label in the frame.
You can refuse freight that is destroyed or worthless, but refusing damaged goods you could accept usually makes things harder: the carrier then has to handle it, and your loss can grow. In most cases, accept it, note the damage and file the claim.
Visible vs. concealed damage
| Visible damage or shortage | Concealed damage | |
|---|---|---|
| What it is | Damage or missing pieces you can see at delivery | Damage found only after unpacking, with no outward sign |
| What to do | Write specific exceptions on the delivery receipt before signing | Stop unpacking, photograph everything and notify the carrier in writing right away |
| Timing | At delivery | As soon as found. Many carrier tariffs expect notice within a few days of delivery (often five); check the tariff |
| Inspection | Carrier may inspect | Request a carrier inspection and keep all product and packaging until it happens or is waived in writing |
| Burden | Clear, since the receipt shows it | Harder, because you must show it happened in the carrier’s care, not before pickup or after delivery |
Concealed damage claims are the ones most often declined, because a clean delivery receipt works against you. The strongest concealed claims have photos of the pallet at pickup, prompt written notice, the original packaging kept for inspection, and damage that clearly points to transit, like a forklift puncture through several layers of cartons.
The deadlines under 49 CFR Part 370
| Deadline | Who | What the rule says |
|---|---|---|
| 9 months | Shipper / claimant | File the claim in writing within 9 months of delivery. For loss or non-delivery, within 9 months after a reasonable time for delivery has passed. Carriers cannot set a shorter window than this. |
| 30 days | Carrier | Acknowledge the claim in writing within 30 days of receiving it, and tell you if more documentation is needed. |
| 120 days | Carrier | Pay, decline or make a firm compromise offer within 120 days of receiving the claim. If it cannot, it must tell you the status in writing, and again every 60 days after that until it is resolved. |
| 2 years | Shipper / claimant | If the carrier declines in writing, you have at least 2 years from that written notice to file a lawsuit. |
Nine months is the outer limit, not a target. File as soon as you can document the loss. Evidence is freshest, and the carrier can still trace a missing pallet.
Step 2: File the claim in writing
Under Part 370, a valid claim must be in writing (carriers commonly accept email or an online claims portal), identify the shipment, assert that the carrier is liable, and ask for payment of a specific or determinable amount. A phone call or a note on the delivery receipt is not a claim. File with the carrier that delivered the freight or the one that picked it up. Send along:
- A claim form or letter with the PRO number, BOL number, pickup and delivery dates and a clear dollar amount
- The signed bill of lading
- The delivery receipt showing your exceptions
- The commercial invoice showing the value of the damaged or lost goods
- The freight bill (the carrier’s invoice)
- Photos: at pickup if you have them, at delivery, and of the damage and packaging
- A repair estimate if the goods can be repaired, or a statement that they cannot
- The carrier’s inspection report if one was done, and the packing list
Pay the freight bill on its normal terms. Deducting the claim from the invoice mixes two separate processes, and most carrier tariffs prohibit it.
How much you can claim
The usual measure is your actual loss: generally the invoice value of the lost or damaged goods, plus freight charges you paid on that portion. For repairable goods it is the cost of repair.
Worked example: partial damage
A pallet of 20 cartons ships for a $400 freight charge. 3 cartons arrive crushed, noted on the delivery receipt. Each carton has an invoice value of $120.
- Goods: 3 × $120 = $360
- Freight on the damaged portion: $400 × 3/20 = $60
- Claim amount: $420
Released value and liability limits
Here is the part that surprises people. LTL rates are typically “released rates”: the price assumes the carrier’s liability is capped at a released value set in its tariff, often stated per pound and sometimes lower for used or refurbished goods. Carriers also set a maximum per shipment. The caps vary by carrier tariff, so look them up before you ship anything valuable.
Worked example: when the cap bites
Suppose, purely to show the arithmetic, a tariff caps liability at $10 per pound. 3 cartons of electronics weighing 30 lb each and worth $1,500 apiece are destroyed.
- Actual loss: 3 × $1,500 = $4,500
- Carrier’s cap: 3 × 30 lb × $10/lb = $900
- Maximum recovery from the carrier: $900, leaving $3,600 uncovered.
The per-pound figure above is hypothetical. Real limits come from each carrier’s tariff and the bill of lading terms.
For high-value freight you have two options:
- Declare excess value on the BOL, if the carrier offers it. You pay an added charge and the carrier accepts higher liability. It must be arranged at booking and written on the BOL.
- Buy shipment-level cargo insurance from a third party. It is often cheaper than excess carrier liability and pays regardless of whether the carrier was at fault.
The bill of lading guide shows where declared value goes on the form.
Why claims get declined, and how to push back
- Clean delivery receipt. The strongest defense a carrier has. Counter with photos, prompt concealed-damage notice and a carrier inspection.
- Inadequate packaging. The carrier argues the shipper caused the loss. Photos of a sound, well-wrapped pallet at pickup are your answer.
- Filed too late or missing documents. Entirely avoidable. Use the checklist above and file early.
- Liability cap applied. Check that the carrier used the right tariff item and weight, and that you did not declare a higher value.
If you disagree with a decline, reply in writing with the specific reason and any new evidence. Keep every letter and email. If you ship through a 3PL, loop them in: they file and follow claims with carriers routinely.
How to prevent freight claims
- Build for LTL handling: sound pallet, no overhang, stacked square, stretch wrap tied to the pallet, corner boards on fragile loads. See how to ship a pallet.
- Label two sides with the consignee, PRO or BOL number and piece count, so pieces do not get separated.
- Photograph every pallet at pickup, label in frame.
- Count pieces at pickup and make sure the BOL matches what the driver takes.
- Train receivers to count, inspect and write specific exceptions before signing.
- Think about mode. Very fragile or high-value freight is often better on a dedicated truck with fewer touches. See LTL vs. truckload.
Frequently asked questions
How long do I have to file a freight claim?
Under the Carmack Amendment and 49 CFR Part 370, carriers must allow at least 9 months from delivery to file a written claim, or 9 months after a reasonable delivery time for lost freight. File as soon as you can document the loss rather than waiting for the deadline.
How long does a carrier have to respond to a freight claim?
The carrier must acknowledge your claim in writing within 30 days of receiving it. It then has 120 days to pay, decline or make a firm settlement offer, and if it cannot, it must update you in writing on the status and again every 60 days until it is resolved.
What is concealed damage?
Concealed damage is damage you discover only after unpacking, when the outside of the shipment looked fine at delivery. Stop unpacking, photograph everything, keep all packaging and notify the carrier in writing right away; many carrier tariffs expect notice within a few days of delivery.
What is the Carmack Amendment?
The Carmack Amendment is the federal law, 49 U.S.C. 14706, that makes interstate carriers liable for actual loss or damage to freight in their care, subject to limited defenses and any liability limits in their tariff. It also sets the minimum claim filing and lawsuit time limits.
Should I refuse a damaged LTL shipment?
Usually not. Accept it, write specific exceptions on the delivery receipt and file a claim, because refusing freight you could accept can increase your loss and complicate the claim. Refusal makes sense mainly when the goods are clearly destroyed and worthless.
How much will the carrier pay on a freight claim?
Generally your actual loss, which is the invoice value of the damaged or lost goods plus freight on that portion, up to the carrier's liability limit in its tariff. Those limits are often set per pound, so high-value, lightweight freight may need declared excess value or third-party cargo insurance.
Can I deduct a freight claim from the freight bill?
No. Pay the freight invoice on its normal terms and handle the claim separately. Most carrier tariffs prohibit offsetting claims against freight charges, and doing it can create a collections problem on top of the claim.
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