How long do I have to file a freight claim?

In the US, at least 9 months — carriers may not set a shorter period — and at least 2 years to sue after the carrier disallows the claim in writing. Under CMR, one year.

How much will a carrier pay on a freight claim?

The actual loss, up to the limit in its tariff. FedEx Freight's limit for new goods is USD 25 a pound per package; Old Dominion's is USD 5 a pound for most new goods, unless extra cover was bought.

What must a freight claim include?

Enough to identify the shipment, a statement that the carrier is liable, and a specified or determinable amount of money, under 49 CFR 370.3. Attach the bill of lading, the delivery receipt and the invoice.

Term

Freight claim

A freight claim is a written demand for payment from a carrier for goods lost, damaged or delayed in its care. In the US the Carmack Amendment makes carriers liable for actual loss but lets them limit it by tariff, and gives the shipper at least 9 months to file. Carriers must answer within 120 days.

Also called cargo claim, loss and damage claim, Carmack claim, freight damage claimApplies in US, EU, UKUpdated 13 October 2026

What a claim must contain

Facts sufficient to identify the shipment — the PRO number, the bill of lading.
An assertion that the carrier is liable for the loss, damage, injury or delay.
A claim for a specified or determinable amount of money.

Those are the three requirements of 49 CFR 370.3. A note of damage on a delivery receipt, an inspection report or a bad-order report does not, standing alone, meet them.

The clocks

Step	Deadline	Source
File the claim	At least 9 months — a carrier may not set less	49 U.S.C. § 14706(e)
Carrier acknowledges it	Within 30 days of receipt	49 CFR 370.5
Carrier pays, declines or offers a settlement	Within 120 days, then a status report every 60 days	49 CFR 370.9
Sue the carrier	At least 2 years from its written notice disallowing the claim	49 U.S.C. § 14706(e)
Report concealed damage	Within 21 days of delivery at FedEx Freight; 5 business days at Old Dominion	Their rules tariffs

Worked example: what the carrier pays

A 1,000 lb pallet carrying 950 lb of new goods invoiced at USD 30,000 is lost · FedEx Freight: 950 × USD 25 = USD 23,750 · Old Dominion: 950 × USD 5 = USD 4,750

FedEx Freight's tariff leaves out the weight of the pallet and packaging; Old Dominion's USD 5 applies to most new goods. Both sell extra cover — FedEx Freight's costs 3% of the extra amount, minimum USD 147. Whatever is not covered stays with the shipper.

In Europe: the CMR limit

For international road carriage under the CMR convention, compensation may not exceed 8.33 units of account — special drawing rights — per kilogram of gross weight short, so a lost 1,000 kg pallet is capped at 8,330 SDR. Claims must be brought within one year, or three for wilful misconduct.

The mistake people make

Writing "damaged" on the delivery receipt and stopping there. The note helps prove the damage, but under 49 CFR 370.3 it is not a claim: the written claim, with an amount, still has to reach the carrier within the filing period.

FAQ

Freight claim: common questions

How long do I have to file a freight claim?: In the US, at least 9 months — carriers may not set a shorter period — and at least 2 years to sue after the carrier disallows the claim in writing. Under CMR, one year.
How much will a carrier pay on a freight claim?: The actual loss, up to the limit in its tariff. FedEx Freight's limit for new goods is USD 25 a pound per package; Old Dominion's is USD 5 a pound for most new goods, unless extra cover was bought.
What must a freight claim include?: Enough to identify the shipment, a statement that the carrier is liable, and a specified or determinable amount of money, under 49 CFR 370.3. Attach the bill of lading, the delivery receipt and the invoice.