1. Shipping Records Establish the Evidence for Cargo Claims
Identify what the carrier received, what arrived, and what was lost. Pickup and delivery records should agree.
Match the Bill of Lading to Pickup Evidence
Compare the bill of lading with packing lists, pickup receipts, and scans. Check carton counts, weight, seals, and dates. A signed or electronic receipt may show that the carrier accepted goods in apparent good condition.
For sealed freight, a clean receipt may not prove its contents. Loading photographs and inventory logs can establish what was tendered. A pallet count does not necessarily prove the number of units inside each pallet. Preserve originals and timestamps.
Trace Missing Goods through Delivery Records
Match the delivery receipt to the packing list, identifying missing items by product and quantity. Preserve shortage notations and photographs taken before the recipient breaks down the pallets.
If delivery never occurred, save tracking events and request the carrier's last reported location. A system status reading "delivered" may still need confirmation against the signed receipt and item count. Warehouse records may reveal a loss outside transportation. If several companies handled the cargo, transportation and logistics law can clarify their roles.
2. Federal Liability Depends on the Carrier and Contract
The Carmack Amendment, 49 U.S.C. § 14706, generally governs qualifying interstate cargo loss involving motor carriers and freight forwarders. It does not automatically cover warehouse losses, purely intrastate transportation, or international through shipments.
Establish the Carrier's Responsibility for the Loss
A shipper ordinarily shows that goods entered the carrier's custody in good condition, arrived damaged or failed to arrive, and caused actual loss. The carrier may avoid liability by proving an excepted cause and showing that its negligence did not contribute. Recognized causes include an act of God, a public enemy, a public authority, a shipper's act, or the goods' inherent vice.
The receiving or delivering carrier may face statutory liability even when another company hauled part of the shipment. Check the bill of lading and delivery records before deciding which party to pursue.
Distinguish Motor Carriers from Brokers
A motor carrier transports freight. A broker arranges carriage, while a freight forwarder may assume statutory carrier duties. Carmack generally does not impose carrier liability on a company acting solely as a broker.
Review booking emails, rate confirmations, and service agreements. Actual commitments may differ from the company's label.
Examine the Domestic Leg of International Freight
When goods arrive by sea before trucking inland, review the ocean through bill and any separate domestic contract. Maritime terms may reach the inland leg; a distinct domestic shipment may be governed differently.
Customs clearance confirms regulatory release, not the quantity a trucking company received. Match import records with pickup evidence. A purely intrastate haul may instead require state-law or contract analysis.
3. A Written Cargo Claim Must Identify Liability and Value
Under 49 CFR § 370.3, a qualifying written claim identifies the shipment, asserts carrier liability, and demands a specified or determinable amount. Evidence of a shortage alone does not meet these requirements.
File a Claim Rather Than a Shortage Notice
Identify the shipment number, carrier, transportation dates, missing goods, and amount demanded. State clearly why the carrier is responsible, and attach records supporting the calculation.
A delivery receipt marked "four boxes missing" is not, by itself, a compliant claim. An investigation request may be equally insufficient. A claim may be filed with the receiving or delivering carrier, the carrier issuing the bill of lading, or the carrier on whose line the loss occurred. Submit it within the applicable period and retain delivery confirmation. Supporting documents can be requested later, but the timely filing must contain the minimum required elements. Do not delay filing solely because every supporting record is not yet available.
Value the Loss with Commercial Records
Actual property loss is the general measure, subject to applicable limitations. Compare the goods tendered with the quantity delivered and support their value with records.
| Record | Purpose |
|---|---|
| Invoice | Supports cargo value |
| Packing list | Identifies quantities |
| Pickup receipt | Documents tender |
| Delivery receipt | Records shortage |
| Freight contract | Shows possible liability limits |
Invoice
- PurposeSupports cargo value
Packing list
- PurposeIdentifies quantities
Pickup receipt
- PurposeDocuments tender
Delivery receipt
- PurposeRecords shortage
Freight contract
- PurposeShows possible liability limits
A legally effective released-value agreement may cap recovery below the invoice amount, but its enforceability requires review. A loss calculation should distinguish cargo value from incidental business expenses, which are not automatically recoverable. If an invoice lacks a price, 49 CFR § 370.7 provides for other evidence of destination value during claim investigation. Cargo insurance may provide another avenue, but an insurance coverage review should consider separate policy notice requirements.
4. Filing and Lawsuit Deadlines Require Separate Checks
Under 49 U.S.C. § 14706(e), a carrier cannot set less than nine months to file a claim or less than two years to sue. These statutory minimums do not replace the actual contract terms.
Identify the Contractual Claim Period
Read the bill of lading or transportation agreement for the filing period and when it begins. The starting point may differ for delivered and undelivered freight.
A customer-service inquiry does not automatically preserve the claim. Check the stated notice address and any longer period allowed by the contract. Submit a compliant written demand on time and keep the transmission record. Acknowledgment of receipt does not decide liability.
Calculate the Lawsuit Period from Written Disallowance
The two-year minimum is calculated from the carrier's written notice disallowing all or part of the claim. A compromise offer counts as disallowance only if the carrier identifies the rejected portion in writing and gives reasons. An insurer's denial must also provide written reasons and state that it acts on the carrier's behalf.
Before suing, review the contract, denial, proper defendant, and venue. A transportation attorney can assess transportation litigation options and whether Carmack preempts state claims for the same cargo loss.
Monitor the Carrier's Response
Under 49 CFR § 370.5, a carrier generally must acknowledge a proper written claim within 30 days unless it pays or denies the claim sooner. Section 370.9 requires written disposition within 120 days or a status notice then and every 60 days while the claim remains pending.
These rules do not extend filing or lawsuit deadlines. A delayed response does not itself establish acceptance of the claim. Keep the claim number and responses.
5. Frequently Asked Questions
Missing paperwork or a carrier's closure can complicate recovery without necessarily extinguishing the claim.
Potentially. Section 14706 states that failure to issue a bill of lading does not eliminate carrier liability. Electronic receipts, scans, invoices, and correspondence may establish the shipment, but the claimant still needs evidence of the loss and a compliant written claim.
Closure does not automatically erase a claim. Recovery may depend on remaining assets, insurance, bankruptcy proceedings, and other legally responsible carriers. Bankruptcy may also introduce a separate proof-of-claim process. Preserve cargo-claim deadlines while assessing collection options.
02 Nov, 2026
