When you ship goods through a delivery or trucking company, you expect them to arrive safely and on time. But sometimes things go wrong. Cargo is damaged, delayed, lost—or delivered to the wrong party. In these situations, you may have a legal right to file a claim against the carrier.
In this article, you’ll learn when a common carrier is liable, the most common types of claims, the steps for filing one properly, and how to protect yourself if your claim is denied.
What Is a Common Carrier Claim?
A common carrier is a company that transports goods for the public—like UPS, FedEx, freight carriers, or trucking firms. They’re legally required to exercise a high duty of care when handling cargo, especially under laws like the Carmack Amendment (for interstate shipments) or UCC provisions for intrastate transport.
Unlike private carriers, common carriers cannot refuse reasonable requests for service. That legal status makes it easier to hold them accountable when your shipment is damaged, lost, or delayed due to their negligence.
When Can You File a Claim Against a Carrier?
You can file a freight or delivery claim if:
- Your cargo was damaged in transit
- Part of the shipment was missing
- The goods were delivered late or to the wrong place
- Improper loading or handling caused financial loss
Even if the packaging looks fine, concealed damage found later may still qualify. Carriers are typically responsible from the moment they take possession of the cargo until proper delivery is made.
Common Types of Freight and Delivery Claims
Damage Claims
Goods arrive visibly damaged or are found to be defective after unpacking.
Loss Claims
The shipment never arrives, or key items are missing.
Shortage Claims
Fewer items were delivered than indicated on the bill of lading.
Delay Claims
Late deliveries that result in lost business or spoilage (especially in time-sensitive cargo).
Establishing Carrier Liability
To succeed, you’ll need to show that:
- The cargo was in good condition at pickup
- It was damaged or lost during the carrier’s custody
- The loss wasn’t due to one of the legal exceptions (like an act of God, public enemy, or inherent flaw in the product)
A signed Bill of Lading (BOL) and inspection reports are key to building your case.
Steps to File a Claim Against a Carrier
1. Notify the Carrier Promptly
You typically have 9 months from the date of delivery (or expected delivery) to file a claim. The sooner you notify them, the better.
2. Gather Documentation
Include:
- Bill of lading (BOL)
- Purchase invoices
- Delivery receipts
- Inspection reports
- Photographs of the damage
3. Submit a Written Claim
Your claim must clearly state:
- The nature of the loss
- The amount requested
- Supporting evidence
Send it via certified mail or through the carrier’s claims portal if available.
4. Follow Up and Negotiate
Carriers are supposed to resolve claims within 30–120 days, but delays are common. Don’t be afraid to escalate if your claim is ignored or denied.
What to Expect During the Claims Process
Most carriers will either:
- Accept the claim and pay in full
- Offer a partial settlement
- Deny the claim and cite an exception
If denied, request a detailed explanation and respond in writing. You may need to involve legal counsel or your cargo insurer.
Legal Remedies If the Claim Is Denied
Small Claims Court
Ideal for low-value freight claims where legal costs would outweigh recovery.
Civil Lawsuit
For high-value losses or where there’s clear negligence.
Arbitration or Mediation
Some shipping contracts include these clauses. They can be faster and less costly than court.
File Under Cargo Insurance
If you purchased cargo coverage, you might be able to file through your insurer and let them subrogate the carrier later.
Tips for a Stronger Claim
- Inspect cargo immediately at delivery
- Take photos of packaging and content
- Save every communication
- Avoid signing delivery receipts without noting visible damage
- Use insured or certified carriers whenever possible
Final Thoughts
Carrier claims can be frustrating—but they don’t have to be fruitless. Knowing your rights, acting quickly, and presenting strong documentation are the keys to recovering your losses. Whether you’re a shipper, retailer, or business owner, treat each claim as a formal legal process. If the carrier resists, you have legal options to make your case.
Don’t assume you’re out of luck. File the claim. Back it up. And if needed, escalate.
