Claim for Damage on Shipped Goods Template

In plain language: Identifies the party filing the claim by full legal name and contact details, and names the carrier, freight broker, or insurer against whom the claim is made.

Common mistake: Naming only a trade name or DBA rather than the carrier's full registered legal entity. Claims submitted against the wrong legal name may be rejected on procedural grounds, restarting the clock on a time-limited filing.

In plain language: References the bill of lading number, pro number, origin, destination, ship date, and actual delivery date to unambiguously tie the claim to a specific shipment.

Common mistake: Omitting the bill of lading number or pro number. Carriers route claims through claims departments that cannot process a submission without a shipment identifier — the claim is logged as incomplete.

In plain language: Describes each item claimed — including commodity, quantity, weight, and packaging — and the nature and extent of the damage or loss observed.

Common mistake: Using vague damage descriptions such as 'damaged in transit.' Insufficient detail gives the carrier grounds to dispute causation and may result in a partial denial. Describe what specifically broke, how it broke, and what physical evidence supports that description.

In plain language: States the dollar value of the loss based on invoice value, replacement cost, or repair cost, and references the supporting documentation that establishes that value.

Common mistake: Claiming retail or list price without providing a purchase invoice. Carriers and insurers settle claims based on invoice or actual cash value — unsupported valuations are routinely reduced to the carrier's tariff maximum.

In plain language: References any exception, shortage, or damage notation made on the carrier's delivery receipt at the time of delivery, which serves as contemporaneous evidence of the loss.

Common mistake: Filing a claim without any exception notation on the delivery receipt. Carriers treat clean delivery receipts as prima facie evidence that goods arrived undamaged, sharply increasing the burden of proof on the claimant for any subsequent claim.

In plain language: Lists all documents attached to the claim — bill of lading, commercial invoice, packing list, delivery receipt, photographs, repair estimates, and any survey or inspection reports.

Common mistake: Attaching photographs without labeling them as numbered exhibits or without a timestamp. Undated, unlabeled photos are easily challenged as depicting pre-shipment or post-delivery damage rather than transit damage.

In plain language: States the specific dollar amount demanded, the payment method requested, and the deadline by which the carrier must respond or the claimant will pursue further remedies.

Common mistake: Setting no response deadline. An open-ended demand allows carriers to defer indefinitely. Most carrier tariffs set their own response windows, but a stated deadline in your claim establishes a clear record for any subsequent legal action.

In plain language: Preserves the claimant's right to amend the claim amount if additional damage is discovered, or to pursue legal action if the claim is denied or underpaid.

Common mistake: Omitting a reservation of rights clause entirely. Without it, accepting a partial payment from the carrier may be construed as a settlement and full release of the remaining claim balance.

In plain language: The claimant certifies under penalty of law that the information in the claim is accurate and complete, and executes the document with a dated signature.

Common mistake: Having an unauthorized person sign the claim. If the signatory cannot bind the claimant entity — for example, a warehouse clerk rather than an officer or authorized agent — the carrier may return the claim as improperly executed.

A claim for damage on shipped goods is a formal written demand submitted to a freight carrier, freight broker, or cargo insurer requesting reimbursement for goods that were lost, damaged, or destroyed while in the carrier's care during transit. It identifies the shipment, describes and values the loss, attaches supporting documentation, and demands payment within a specified timeframe. Filing a properly documented claim is the required first step before any legal action or arbitration.

Under the US Carmack Amendment (49 U.S.C. § 14706), claimants have 9 months from delivery to file a written claim for damage or loss on domestic surface freight. However, many carrier tariffs set shorter windows — commonly 60 to 180 days — and these contractual deadlines are generally enforceable. For international ocean shipments, the Hague- Visby Rules typically require suit within one year of delivery. Always check the bill of lading and the carrier's published tariff for the applicable deadline and file as early as possible.

For visible damage, yes — noting exceptions on the delivery receipt at the time of delivery is critical. A clean receipt creates a presumption that goods arrived undamaged, which shifts the burden of proof entirely to the claimant. For concealed damage discovered after unpacking, most carrier tariffs require written notification within 5 to 15 days of delivery, even if a full claim is filed later.

A complete claim package typically requires the original bill of lading, the carrier's pro number, the commercial invoice showing the value of the goods, the packing list, the signed delivery receipt with exception notation, photographs of the damaged packaging and contents, and a third-party repair or replacement estimate. Missing any of these documents — especially the commercial invoice — significantly reduces the settlement amount or provides grounds for denial.

Yes. Under US law and most international freight conventions, carriers may limit their liability to a per-pound or per-package rate set in their tariff — often as low as $0.50 per pound for LTL shipments. To recover full invoice value, shippers must declare the value of the goods at the time of shipment and pay an additional freight charge. If no declared value is on the bill of lading, recovery is typically capped at the tariff limitation, which may be far less than the actual loss.

If a carrier denies your claim or offers a settlement you consider inadequate, you have several options. You may file a written dispute or appeal with the carrier's claims department, initiate mediation or arbitration if required by the tariff, or file suit in federal or state court. Under the Carmack Amendment, you must file suit within 2 years of the carrier's written denial. Engaging a transportation attorney at this stage is advisable, particularly for claims exceeding $10,000.

Generally, freight brokers are not liable as carriers under the Carmack Amendment — they arrange transportation but do not take physical custody of the goods. However, brokers may be liable if they negligently selected an unqualified carrier, failed to require adequate cargo insurance, or if the bill of lading names the broker as the carrier. Some jurisdictions and contract arrangements impose direct liability on brokers. Review the broker-shipper agreement and the bill of lading carefully before deciding whom to claim against.

File against the carrier first, within the required deadline, even if you also plan to claim on your cargo insurance policy. Your insurer's subrogation rights require you to preserve your claim against the carrier — failing to file a timely carrier claim can void your cargo insurance coverage. Once the carrier settles or denies the claim, your insurer can step in to cover any remaining balance and then pursue the carrier independently for recovery.

For straightforward claims under $10,000 with clear documentation, a well-completed template is typically sufficient. Consider engaging a transportation attorney when the claim exceeds $25,000, when the carrier denies the claim or invokes liability limitations that seem incorrect, when the shipment was international and governed by the Hague-Visby Rules or Warsaw Convention, or when the carrier is insolvent or uninsured. A 1–2 hour attorney review of a disputed claim typically costs $300–$600 and is often cost-effective relative to the amount at stake.