Freight Claims: What They Are, the Filing Deadlines, and How to Get Paid

A freight claim is a formal written demand for payment against a carrier when cargo is lost, damaged, delivered short, or unreasonably delayed in transit. To get paid you must file within the legal deadline — as short as 3 days’ notice for ocean damage and 9 months to claim for US trucking — and prove three things: the cargo was in good condition when the carrier took it, it was not when the carrier delivered it, and the amount of your loss.

The five types of freight claim

Damage

Cargo arrived physically harmed — crushed, wet, broken, contaminated. Note it on the delivery receipt before the driver leaves, photograph everything, and hold the packaging.

Loss

Part or all of the shipment never arrived. For non-delivery, most regimes treat the cargo as lost after a set window (30 days under CMR; contract terms elsewhere) and the claim runs on full invoice value.

Shortage

The seal was intact but piece count is short. Claims hinge on shipper load-and-count records versus what the receiver tallied at the dock.

Concealed damage or shortage

Discovered after the carrier left. You must report within days (3 days ocean, 7 days CMR, 5 days under many NMFC rules) and prove the damage happened in transit, not after delivery.

Delay

Late delivery causing measurable loss. The hardest claim type: you must show the carrier agreed to a delivery date and that you mitigated. Montreal Convention gives 21 days to give notice.

Filing deadlines by mode and law

Miss the deadline and the claim is dead regardless of merit. These are the defaults — your bill of lading or service contract can shorten them.

ModeGoverning lawNotice / claim deadlineLawsuit deadline
US domestic truckCarmack Amendment (49 U.S.C. §14706)Written claim within 9 months of delivery2 years from written denial
Ocean (US trade)COGSA / Hague-VisbyDamage notice within 3 days of delivery (unless noted at receipt)1 year from delivery
International airMontreal Convention 199914 days damage · 21 days delay2 years from arrival
International road (EU)CMR ConventionVisible damage at delivery; hidden damage within 7 days1 year (3 for wilful misconduct)
Rail (US)Carmack / contract of carriagePer contract — commonly 9 monthsPer contract — commonly 2 years

How to file a freight claim, step by step

  1. 1Note exceptions at delivery — write damage or shortage on the POD before signing.
  2. 2Notify the carrier in writing within the notice window (days, not weeks).
  3. 3Gather the file: bill of lading, commercial invoice, POD, photos, inspection report.
  4. 4Quantify the loss — invoice value, repair cost, or salvage value, minus what you recovered.
  5. 5Send the formal claim letter to the carrier’s claims address, citing liability and amount.
  6. 6Track the clock — if the carrier stalls or denies, the suit deadline keeps running.

The claim is only half the leak

Most shippers chase cargo claims and ignore the other side of the ledger: overcharged invoices. Demurrage billed before the container was available, detention with the wrong free time, accessorials that were never performed — carriers refund these too, and the recovery rate is far higher than on cargo claims. Run one invoice through the audit and see what you have been paying.

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Freight claim questions, answered

What is a freight claim?
A freight claim is a formal, written demand for payment a shipper or consignee makes against a carrier (or its insurer) when cargo is lost, damaged, delivered short, or unreasonably delayed in transit. It asserts the carrier’s liability under the contract of carriage — the bill of lading or air waybill — and the law that governs it.
How long do I have to file a freight claim?
It depends on the mode and governing law. US domestic trucking (Carmack Amendment) requires a written claim within 9 months of delivery. Ocean cargo under COGSA or Hague-Visby rules requires suit within 1 year, and notice of damage within 3 days of delivery unless damage was noted at receipt. International air under the Montreal Convention allows 14 days for damage notice, 21 days for delay, and 2 years to sue. Your contract can shorten these — always read the bill of lading terms.
What documents do I need to file a freight claim?
Carriers expect: the bill of lading or waybill, the commercial invoice proving cargo value, the delivery receipt (POD) with damage or shortage noted, photographs taken at delivery, a written claim letter stating the amount demanded and why the carrier is liable, and supporting proof such as inspection reports, repair quotes, or disposal records. Claims filed without the POD notation and proof of value are the ones most often denied.
Why do freight claims get denied?
The most common denial reasons: the claim was filed after the contractual or statutory deadline, damage was not noted on the delivery receipt, the shipper cannot prove the cargo’s value or condition at origin, packaging was inadequate (carrier alleges shipper fault), the claimant had no legal interest in the cargo, or the loss falls inside a carrier defence such as act of God or inherent vice. Most denials are procedural — which means most are avoidable.
What is the difference between a freight claim and a freight dispute?
A freight claim seeks compensation for physical loss, damage or delay to the cargo itself. A freight dispute challenges money the carrier billed you — demurrage, detention, accessorials, rate errors, duplicate charges. Both come off your bottom line, but they follow different rules: claims are governed by cargo-liability law, while billing disputes are governed by the tariff, service contract and, for US imports, FMC invoicing rules (46 CFR 541). Sellexio handles the billing-dispute side.
Who can file a freight claim?
Whoever held title or risk of loss when the damage occurred — typically the shipper, consignee, or cargo owner. Incoterms decide where risk passes: under FOB the buyer owns the claim for main-carriage damage; under DDP the seller does. Freight forwarders and brokers usually file on behalf of their customer but are rarely the liable party unless they contracted as carrier (NVOCC).

Shipping under UK or EU contracts?

British and European practice calls this maritime claims management, and the rules differ: the Hague-Visby Rules via COGSA 1971 give a one-year time bar with SDR package limits, P&I clubs sit behind the carrier, and disputes head to LMAA arbitration or the Admiralty Court.

Read the UK maritime claims guide →
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