By Luis Lopez, AI transportation consultant, CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast
Many freight claims are lost not because the shipper was wrong about the damage, but because the shipper was late. A valid claim filed after the deadline can be denied regardless of how clear the carrier’s fault is.
This article covers the time limits that apply to domestic interstate truck shipments under the Carmack Amendment, the federal rules on how carriers must process claims, practical deadlines at delivery, how contracts can change the timeline, and why ocean and air freight follow different rules.
The Carmack Framework
For interstate shipments by motor carrier, cargo liability is governed by the Carmack Amendment, codified at 49 U.S.C. 14706. Carmack makes the carrier liable for actual loss or injury to the property, subject to certain defenses and to any valid limitation of liability. The guide on the Carmack Amendment and cargo liability covers the liability rules in more depth. Here the focus is on time.
The Two Statutory Minimums
Section 14706(e) sets floors on how short a carrier can make the claim and lawsuit periods:
- Filing the claim. A carrier may not provide a period of less than 9 months for filing a claim.
- Filing suit. A carrier may not provide a period of less than 2 years for bringing a civil action, and that 2-year period is measured from the date the carrier gives the claimant written notice that it has disallowed any part of the claim.
These are minimums the carrier must allow, not automatic deadlines that apply to every shipment. The actual periods are usually found in the bill of lading terms or the carrier’s tariff, and many carriers set them right at the statutory minimum. In practice, shippers should treat 9 months from delivery, or from the date delivery should have occurred for lost shipments, as the outside limit for filing and should file much sooner.
The 2-year lawsuit clock is often misunderstood. It does not start at delivery. It starts when the carrier sends a written disallowance. A partial denial counts, so if the carrier pays part of a claim and declines the rest in writing, the clock for suing over the declined portion begins on that notice.
What Counts as a Filed Claim
A claim must be filed properly to stop the clock. Under 49 CFR 370.3, a written claim must:
- Contain facts sufficient to identify the shipment.
- Assert liability for the alleged loss, damage, injury, or delay.
- Make a claim for payment of a specified or determinable amount of money.
A phone call, a damage notation on the delivery receipt, or an email saying “we will be filing a claim” generally does not meet that standard by itself. If the exact amount is not yet known, the claim can state a determinable amount and be supplemented later, but it must be in writing and must be filed with the carrier within the allowed period. The guide on how to file a freight claim that gets paid covers what documents to include.
The Carrier’s Processing Deadlines
Federal regulations at 49 CFR Part 370 also put deadlines on the carrier once a claim is received:
- Acknowledgment within 30 days. The carrier must acknowledge receipt of the claim in writing within 30 days, unless it has paid or declined the claim in writing within that time.
- Disposition within 120 days. The carrier must pay, decline, or make a firm compromise settlement offer in writing within 120 days of receiving the claim. If it cannot, it must advise the claimant in writing of the status and the reason for the delay at the end of that period, and every 60 days after that, until the claim is resolved.
These rules give shippers a way to keep a claim moving. If 30 days pass without an acknowledgment, follow up in writing and keep a copy. Missing these timelines does not automatically make a carrier liable, but a documented record helps in negotiations.
Deadlines at Delivery
The statutory periods are long, but some of the most important deadlines are measured in hours or days.
Notation at Delivery
Visible damage or shortage should be noted on the delivery receipt before the driver leaves. A clean, signed receipt is evidence that the freight arrived in good condition, and overcoming that evidence later is much harder. Write specific notes, such as the number of cartons crushed or pallets short, rather than vague phrases like “subject to inspection.”
Concealed Damage
Concealed damage is damage discovered after delivery that was not visible when the freight was received. There is no single federal deadline for reporting it, but carrier tariffs, industry practice, and contracts often expect notice within a short window measured in days. The longer the gap between delivery and discovery, the easier it is for the carrier to argue the damage happened after delivery. Inspect promptly, report in writing, keep the packaging, and request an inspection. The article on concealed damage claims covers this process.
Contracts That Change the Timeline
Shippers and carriers can change many of these rules by contract. Under 49 U.S.C. 14101(b), a shipper and carrier may agree in writing to waive rights and remedies under the statute for the transportation covered by their contract, and some transportation contracts set their own claim procedures and deadlines.
Common contract provisions include:
- Shorter or longer claim-filing periods than the carrier’s standard terms.
- Specific notice requirements for damage or shortage.
- Defined documentation that must accompany a claim.
- Different liability limits or released values.
Broker-carrier and shipper-broker agreements add another layer. A broker is not a carrier under Carmack, so claims against a broker typically depend on the contract and other legal theories, each with its own timing. Read every agreement in the chain and note the shortest deadline that applies.
Ocean and Air Are Different
Carmack applies to domestic interstate surface transportation. International ocean shipments to and from the United States are generally governed by the Carriage of Goods by Sea Act (COGSA), and international air shipments are governed by international conventions. Both regimes have their own notice requirements and limitation periods, and both are generally shorter and stricter than many shippers expect. If a shipment moved on an ocean or air bill, do not assume Carmack timelines apply; check the governing terms immediately.
A Simple Deadline Discipline
- Note visible damage or shortage on the delivery receipt every time.
- Inspect freight promptly and report concealed damage in writing right away.
- File a written claim that meets 49 CFR 370.3 as soon as you can estimate the loss.
- Calendar the carrier’s 30-day and 120-day deadlines and follow up in writing.
- When a written disallowance arrives, calendar the lawsuit deadline immediately.
- Keep a contract summary showing the shortest deadline for each carrier and broker.
Where AI Helps
Claims management tools can read delivery receipts for exception notes, open a claim file automatically, and calculate the relevant deadlines based on the delivery date and the contract terms on file. They can track carrier responses against the 30-day and 120-day rules and alert someone when a disallowance letter arrives. The deadlines themselves still depend on accurate delivery dates and correctly loaded contract terms, so a person should verify the calendar on any significant claim.
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About the author: Luis Lopez is a Miami-based AI transportation consultant and logistics entrepreneur, the CEO of Go Hub.io Holdings Corp and subsidiaries, and host of the Freight Guru Podcast.
This article is general information for the freight community, not legal advice. Talk to a transportation attorney about your specific situation.