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.
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.
Cargo arrived physically harmed — crushed, wet, broken, contaminated. Note it on the delivery receipt before the driver leaves, photograph everything, and hold the packaging.
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.
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.
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.
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.
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.
| Mode | Governing law | Notice / claim deadline | Lawsuit deadline |
|---|---|---|---|
| US domestic truck | Carmack Amendment (49 U.S.C. §14706) | Written claim within 9 months of delivery | 2 years from written denial |
| Ocean (US trade) | COGSA / Hague-Visby | Damage notice within 3 days of delivery (unless noted at receipt) | 1 year from delivery |
| International air | Montreal Convention 1999 | 14 days damage · 21 days delay | 2 years from arrival |
| International road (EU) | CMR Convention | Visible damage at delivery; hidden damage within 7 days | 1 year (3 for wilful misconduct) |
| Rail (US) | Carmack / contract of carriage | Per contract — commonly 9 months | Per contract — commonly 2 years |
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.
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 →