49 USC 14706, commonly called the Carmack Amendment, governs liability for many interstate shipments by motor carriers and freight forwarders. It generally addresses actual loss or injury to cargo, subject to the shipment’s coverage, valid liability limitations, defenses, and procedural requirements. A damaged package does not automatically establish every part of a claim.
Identify the proper party and shipment
Determine whether the company acted as a carrier, freight forwarder, or broker and whether the shipment falls within the statute. Labels in advertising do not always settle the role. The bill of lading, transportation agreement, route, and actual conduct matter. [1]
Preserve proof of the goods’ condition when tendered, condition at delivery, and amount of loss. Concealed damage, inadequate packaging, inherent defects, and causation can create factual disputes. A delivery receipt with a notation helps but is not necessarily the formal claim.
Submit a proper written claim
The cargo-claim regulation generally requires a written or permitted electronic communication identifying the shipment, asserting liability, and making a claim for a specified or determinable amount. A damage report, inspection request, or casual complaint may not satisfy those requirements by itself. [2]
- Identify the shipment and bill-of-lading number.
- Describe the loss and why the carrier is responsible.
- State the amount claimed and support the calculation.
- Keep proof of timely delivery to the correct claim recipient.
Watch both claim and lawsuit deadlines
The statute prevents carriers from setting a claim period shorter than nine months or a civil-action period shorter than two years, measured under the applicable statutory rule following written disallowance. The governing documents and notices need review; a shipment date plus a guessed deadline is not enough. [1]
Liability limits can also affect recovery. A declared-value choice, released rate, or other contractual provision must be evaluated for legal validity rather than automatically accepted or ignored.
Compare contract-carriage waivers under 49 USC 14101 if the transportation agreement contains a waiver clause. consolidation of related federal cases addresses procedure after litigation exists, not the carrier claim prerequisite. Keep damaged goods and packaging available for inspection when reasonably required instead of discarding the best evidence.
Primary sources
Sources checked: October 31, 2026.