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Guide

LTL freight claims

Last reviewed by José Luis Pérez

An LTL freight claim is a written demand to a carrier for money: either because freight was lost or damaged, or because you were overcharged. The two kinds follow different federal rules, deadlines and documents. This guide summarizes both; it is not legal advice.

Loss and damage claims

Deadlines. Under the Carmack Amendment, a carrier may not give you less than 9 months to file a claim, or less than 2 years to sue, counted from the date the carrier gives written notice that it has disallowed any part of the claim (49 U.S.C. § 14706(e)(1)). Your carrier's bill of lading terms and tariff set the actual periods, within those minimums.

Where to file. With the carrier that received the freight, the carrier that delivered it, the carrier that issued the bill of lading, or the carrier on whose line the loss happened (49 CFR § 370.3(a)).

What a claim must contain. A written communication that:

  1. contains facts sufficient to identify the shipment;
  2. asserts that the carrier is liable for loss, damage or delay; and
  3. claims a specified or determinable amount of money (49 CFR § 370.3(b)).

A note of shortage or damage on a delivery receipt or freight bill does not, by itself, count as a claim (49 CFR § 370.3(c)). Write "damaged" or "short" on the delivery receipt, and then file a claim.

Carrier response. The carrier must acknowledge the claim in writing within 30 days of receiving it (49 CFR § 370.5), and pay, decline or make a firm written settlement offer within 120 days. If it cannot, it must report the status in writing at 120 days and every 60 days after that (49 CFR § 370.9).

Overcharge claims

An overcharge claim asks for money back when a freight bill charged more than the applicable rate, or when you paid twice. 49 CFR Part 378 governs how they are filed and handled: the claim includes the freight bill, and the carrier acknowledges it in writing within 30 days and resolves it within 60 days, unless both sides agree in writing to extend that period.

Separately, a shipper who wants to contest a freight bill generally has 180 days from receiving it (49 U.S.C. § 13710(a)(3)(B)). Contesting a bill before paying it is often simpler than claiming a refund afterwards. One carrier's tariff, for example, asks that an overcharge claim include the original invoice and allows the rate, class or weight being claimed to be supported with documents (XPO, Tariff CNWY 199, Item 23).

Documents to gather

  • The bill of lading and the delivery receipt, with any notes of damage or shortage.
  • The freight bill (invoice) and its PRO number. See freight bill and PRO number.
  • Photos, before and after shipping. The shipment measurement sheet keeps them with your measurements.
  • For damage: the commercial invoice or another proof of the value of the goods, and repair estimates.
  • For overcharges: your quote or contract, and the quote vs. invoice report.

What FreightTools does

FreightTools does not file claims or contact carriers. The LTL quote vs. invoice checker helps you find differences worth asking about, and how to compare an LTL invoice with your quote explains what to ask for. For a claim, check your contract, the carrier's tariff and, if needed, a qualified professional.

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