Carmack Amendment Claim Deadlines: When to File and When to Sue
Quick Answer
Carmack Amendment claim deadlines involve two separate steps: filing a cargo claim and, if necessary, bringing a lawsuit. For transportation governed by 49 U.S.C. § 14706, a carrier cannot impose less than nine months to file a claim or less than two years to sue after written notice disallowing the claim. Many transportation terms use nine months and two years and one day. Read the governing documents and calendar the actual deadlines immediately.
Nine months is a statutory minimum permitted filing period, not a reason to wait.
In this article
Which shipments does this guidance address?
Carmack generally governs carrier liability for covered interstate motor-carrier cargo loss or damage. The applicable regime can become more complicated for exempt commodities, expressly waived rights, international through movements, ocean-connected transportation, and parties acting in different legal roles.
Identify the actual carrier and governing transportation documents before choosing a deadline. A broker may assist with paperwork, but sending a complaint only to a broker may not constitute a timely filing with a proper carrier.
The statute addresses the carrier's liability and minimum claim periods. It does not make every transportation participant subject to identical obligations. Source: 49 U.S.C. § 14706.
How are Carmack Amendment claim deadlines calculated?
The contract or bill of lading commonly measures the filing period from delivery. For nondelivery, terms often refer to a reasonable time for delivery having elapsed.
Do not automatically measure from the day your accounting team learned about the loss. Concealed damage can be discovered later without restarting the contractual claim clock.
Create a chronology including pickup, scheduled delivery, actual delivery, discovery, first notice, formal filing, and any written denial. Preserve the documents establishing each event.
For a shipment that never arrived, obtain advice on the applicable nondelivery trigger rather than selecting a convenient date.
What must a valid cargo claim contain?
Under 49 CFR § 370.3, a written claim must identify the shipment, assert liability for the loss or damage, and request a specified or determinable amount of money. A damage notation, inspection report, or delivery exception does not alone satisfy the filing requirements. Source: 49 CFR § 370.3.
Use a clear subject line and load references. State what happened, why you hold the carrier responsible, and how the amount is calculated.
Attach invoices, photographs, delivery records, and repair or replacement support as appropriate. Confirm the correct claim channel and retain evidence of timely receipt.
Avoid a vague reservation such as “we may have a claim; amount unknown” as your only filing. If valuation is still developing, address the specified-or-determinable requirement before the deadline.
What is the deadline for a lawsuit?
The statute measures the minimum two-year suit period from the carrier's written notice disallowing all or part of the claim. The actual contract may allow a longer period, including the familiar two years and one day.
A partial denial can matter. Do not wait for every remaining aspect of a dispute to be resolved before reviewing the effect of a written disallowance.
Likewise, ongoing negotiation does not automatically suspend a lawsuit deadline. If additional time is needed, obtain a valid written extension or standstill agreement through the appropriate parties and legal review.
Does the carrier have to respond?
Federal claim-handling rules include acknowledgement, investigation, and disposition requirements. Under § 370.9, a carrier generally must pay, decline, or make a firm compromise offer within 120 days after receiving a claim; if it cannot, it must provide written status explanations at the prescribed intervals. Source: 49 CFR § 370.9.
A delayed response does not mean the claim is automatically approved. It also does not eliminate the claimant's responsibility to preserve filing and suit deadlines.
Assign one owner to track the claim. Record every request for additional information and the date it was answered.
What practical steps should a shipper take?
Photograph the cargo and packaging, separate affected goods, protect them from further damage, and give the carrier a reasonable inspection opportunity.
Keep pickup-condition evidence as well as delivery evidence. A claim concerns what happened during transportation, so a complete record is stronger than photographs of the final damage alone.
Document salvage, repair, and disposal decisions. Do not discard evidence merely because the product is commercially inconvenient to store; coordinate urgent safety or preservation needs and record the reasons.
Report the loss to any applicable cargo insurer under that policy's separate conditions.
Frequently Asked Questions
Is a notation on the POD a formal claim?
Not by itself. Submit a written claim that satisfies the applicable requirements.
Does a broker's claim number prove the carrier received my claim?
No. Confirm the proper carrier's receipt and preserve the submission record.
Does the nine-month period apply to every freight dispute?
No. Freight-charge disputes, other transportation regimes, and contract claims can have different rules. Identify the legal basis before relying on a deadline.
Keep claim records accessible
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This article explains general U.S. freight-claim principles. A specific loss requires review of the shipment, contract, and applicable law.