How long do you have to file a freight claim?
Reviewed October 2026 · rule text checked on law.cornell.edu · not legal advice
Short answer: for US truck freight, at least 9 months. Federal law says a carrier "may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim against it under this section and a period of less than 2 years for bringing a civil action against it under this section" (49 U.S.C. 14706(e)(1)). The exact deadline is the one in your bill of lading or contract of carriage, so read it on the paperwork for that load.
The four deadlines in one table
| Step | Time | Rule |
|---|---|---|
| File the claim with the carrier | Not less than 9 months (the bill of lading or contract sets the exact period) | 49 U.S.C. 14706(e)(1) |
| Carrier acknowledges the claim in writing | Within 30 days of receipt, unless it pays or declines first | 49 CFR 370.5(a) |
| Carrier pays, declines or makes a firm settlement offer in writing | Within 120 days of receipt, then a written status every 60 days while it is still open | 49 CFR 370.9(a) |
| File a lawsuit | Not less than 2 years, counted from the carrier's written notice that it disallowed the claim | 49 U.S.C. 14706(e)(1) |
This page covers truck freight under the federal cargo-liability law, 49 U.S.C. 14706 (often called the Carmack Amendment). Ocean, air and household-goods moves have their own rules.
What a carrier's own rules can look like
Carriers publish their own claim rules inside that floor. One example: ODFL's cargo claims FAQ says "Cargo claims must be filed within 9 months of freight being delivered" and "Concealed damage must be reported to the carrier within 5 business days from when the freight was delivered." Other carriers can set different terms, so check the carrier's rules and your bill of lading.
A note on the delivery receipt is not a claim
This is where receiving docks lose claims. Writing "damaged" or "short 3 cartons" on the delivery receipt is worth doing, but by itself it does not count:
"Bad order reports, appraisal reports of damage, notations of shortage or damage, or both, on freight bills, delivery receipts, or other documents, or inspection reports issued by carriers or their inspection agencies, whether the extent of loss or damage is indicated in dollars and cents or otherwise, shall, standing alone, not be considered by carriers as sufficient to comply with the minimum claim filing requirements" (49 CFR 370.3(c)).
What counts as a filed claim
A written communication to the carrier, filed within the time limit in the bill of lading or contract, that does three things (49 CFR 370.3(b)):
- "Containing facts sufficient to identify the baggage or shipment (or shipments) of property,"
- "Asserting liability for alleged loss, damage, injury, or delay, and"
- "Making claim for the payment of a specified or determinable amount of money."
A claim for an uncertain amount, such as "$100 more or less," is not enough for the carrier to pay. The carrier "shall not, however, voluntarily pay a claim under such circumstances unless and until a formal claim in writing for a specified or determinable amount of money shall have been filed" (49 CFR 370.3(d)).
Who you file with
The claim can be filed "with the receiving or delivering carrier, or carrier issuing the bill of lading, receipt, ticket, or baggage check, or carrier on whose line the alleged loss, damage, injury, or delay occurred" (49 CFR 370.3(a)).
What the carrier may ask you for
When needed for its investigation, the claim is backed by "the bill of lading, evidence of the freight charges, if any, and either the invoice, a copy of the invoice, or an exact copy thereof" (49 CFR 370.7(b)). If a whole package or shipment is missing and the loss can't be confirmed another way, the carrier must get from the consignee a certified statement "that the property for which the claim is filed has not been received from any other source" (49 CFR 370.7(c)). The carrier's acknowledgment also tells you "what, if any, additional documentary evidence or other pertinent information may be required" (49 CFR 370.5(a)).
How the 2-year lawsuit clock starts
The 2 years run "from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim specified in the notice" (49 U.S.C. 14706(e)(1)). A settlement offer alone does not start it: "an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance" (14706(e)(2)(A)). Letters from the carrier's insurer work the same way: they count only if they say the claim is disallowed, give the reason, and say the insurer acts for the carrier (14706(e)(2)(B)).
What the receiving dock can do on the day
- Note it on the delivery receipt when you see damage or a shortage at unloading. It is not the claim, but it is part of the record.
- Keep the paperwork for that load together: bill of lading, delivery receipt, freight bill, invoice.
- Write down when the trailer arrived and what it looked like: the time it reached your gate, the seal number, and a photo of the trailer if you can.
- Send the written claim with a dollar amount to the carrier inside the period on the bill of lading. Don't wait for the 9 months to run out.
- Report concealed damage fast. Some carriers ask for notice within days (ODFL: 5 business days).
Where Vantage fits
Vantage records the gate side, nothing more. Every gate-in and gate-out gets a timestamp, and a photo whenever the camera is used. On iPhone the trailer number is read from a photo on the device; in the web dashboard you type it. Seal numbers are typed in, never scanned. There is no Android app.
Mind the history window: the Free plan ($0, no card, up to 3 users, 1 yard, 100 gate transactions a month) keeps 30 days of history, which is shorter than a 9-month claim period. Paid plans start at $149 a month and keep 180 days or more (pricing). On Free, keep your own copy of what matters for a claim.
Frequently asked questions
How long do you have to file a freight claim?
For US truck freight, at least 9 months. Under 49 U.S.C. 14706(e)(1) a carrier may not set a period of less than 9 months for filing a cargo claim, or less than 2 years for a lawsuit counted from its written notice that it disallowed the claim. The exact period is the one in your bill of lading or contract of carriage.
Does noting damage on the delivery receipt count as a claim?
No. Under 49 CFR 370.3(c), notations of shortage or damage on delivery receipts, standing alone, are not enough to meet the claim filing requirements. The claim has to be in writing, identify the shipment, assert liability and ask for a specified or determinable amount of money (49 CFR 370.3(b)).
How long does the carrier have to answer a freight claim?
It must acknowledge a claim in writing within 30 days of receipt unless it has paid or declined it by then (49 CFR 370.5(a)), and pay, decline or make a firm settlement offer in writing within 120 days, with a written status every 60 days after that while the claim is open (49 CFR 370.9(a)).
When does the 2-year lawsuit clock start?
From the date the carrier gives written notice that it has disallowed any part of the claim (49 U.S.C. 14706(e)(1)). A settlement offer alone is not a disallowance unless the carrier says in writing that part of the claim is disallowed and gives reasons (14706(e)(2)(A)).
Related: who pays for trailer damage in the yard · records for a detention claim (time at the dock, not damaged freight) · how to log trailer check-in at the gate
Know when every trailer arrived
Free plan, no card, never expires. Up to 3 users and 1 yard.