Your Cargo Got Damaged: Step-by-Step Claims Guide
Bottom Line Up Front
When cargo gets damaged, you have a narrow window to document, notify, and file. Miss a step and your claim gets denied. The average cargo claim is $15,000-$50,000. Here is exactly what to do, hour by hour.
Step 1: Document Everything at the Scene (First 30 Minutes)
Before moving anything, grab your phone and document:
- Photos: Take 20+ photos from every angle — damage, packaging, trailer interior, seals, door condition
- Video: Walk around the entire load narrating what you see
- Bill of Lading: Note the condition of goods vs what BOL states
- Temperature logs: For reefer loads, screenshot the unit readings
- Seal numbers: Photograph all seal numbers before breaking them
Step 2: Notify Your Insurance Company (Within 24 Hours)
Call your cargo insurance carrier immediately. Most policies require notice within 24-48 hours. Provide:
- Your policy number and MC/DOT numbers
- Date, time, and location of discovery
- Description of damage and estimated value
- Photos and documentation from Step 1
Step 3: Notify the Shipper and Receiver
Both parties need written notice. The receiver should note damage on the delivery receipt. If the receiver refuses damaged freight, do NOT abandon it — your insurer needs to inspect it.
Step 4: File the Written Claim (Within 9 Months)
Under the Carmack Amendment, the formal claim must be filed in writing within 9 months of delivery. Include:
- Written demand for a specific dollar amount
- Copy of Bill of Lading
- Delivery receipt showing damage noted
- Photos and all documentation
- Invoices showing value of damaged goods
Step 5: Wait for Investigation (Up to 120 Days)
The carrier has 30 days to acknowledge your claim and 120 days to pay, deny, or make a settlement offer.
Top 5 Reasons Cargo Claims Get Denied
| Reason | What It Means | How to Prevent |
|---|---|---|
| Act of God | Weather, earthquake, flood | Check forecasts, avoid high-risk routes |
| Shipper load & count | Shipper loaded/sealed trailer | Note exceptions on BOL before signing |
| Improper packaging | Shipper failed to package adequately | Document packaging condition at pickup |
| Late filing | Claim filed after 9-month deadline | File within 30 days, do not wait |
| Pre-existing damage | Damage existed before pickup | Inspect and photograph at pickup |
How to Appeal a Denied Claim
- Review the denial letter for specific reasons cited
- Gather additional evidence that contradicts the denial reason
- Submit a written appeal with new documentation
- File a complaint with your state Department of Insurance if the denial is unfair
- Consult a transportation attorney for claims over $25,000
FAQ
How long do I have to file a cargo damage claim?+
Under the Carmack Amendment, 9 months from delivery date for written claims. But notify your insurer within 24 hours of discovery.
What if the receiver refuses damaged cargo?+
Do not abandon the freight. Your insurer needs to inspect it. Store it safely and contact your insurance company for instructions.
How much does cargo insurance pay out?+
Up to your policy limit, typically $100,000 for standard policies. Actual payout depends on the documented value of damaged goods.
Can I file a claim if the shipper loaded and sealed the trailer?+
It is harder but possible. The carrier is presumed liable under Carmack unless they prove shipper negligence. Document everything at pickup.