Shipping documents
Updated September 28, 2026
The Carmack Amendment is the federal law that makes a motor carrier liable for actual loss or damage to the freight it hauls under a bill of lading. Congress passed it in 1906. Today it is 49 U.S.C. 14706.
It also sets two floors: a carrier cannot give you less than 9 months to file a claim, or less than 2 years to sue after it denies a claim in writing.
This guide explains what the law says, the deadlines, and how federal rules make a carrier handle a damage claim. It is a plain summary from a carrier, not legal advice. Your bill of lading and your contract set the details for your shipment.
What the Carmack Amendment Says
Congress added the rule to the Interstate Commerce Act in 1906. Motor carriers came under it later, and it now sits in federal law as section 14706. In plain words, it says:
- The carrier issues a receipt or bill of lading for the freight it takes on.
- That carrier and the delivering carrier are liable to the person entitled to recover under the bill of lading.
- Liability covers actual loss or injury to the freight caused by the carrier that took it, the carrier that delivered it, or another carrier on the route in the United States.
- No bill of lading does not mean no liability. The law says failing to issue one does not change the carrier’s liability.
FMCSA calls this “first dollar” coverage. A carrier must pay for the actual loss or damage whatever its own insurance deductibles or exclusions say, unless the shipper agreed to limit or waive the carrier’s liability.
Who is “the person entitled to recover”? That depends on the shipment and the contract. Our guide to consignees and consignors explains the names on a bill of lading.
Limits Written Into Your Contract
The law lets a carrier and a shipper agree to a lower limit. A carrier can set rates under which its liability is capped at a value the shipper declares in writing or electronically, or at a value both sides agree to in writing, if that value is reasonable.
So the dollar answer to “how much will they pay” is not in the statute. It is in your bill of lading, the carrier’s rules and your contract. Read them before the load moves.
The Deadlines, in Order
Two deadlines come from the statute and three from FMCSA’s claim rules in 49 CFR Part 370. A contract can give you more time to file or sue. It cannot give you less.
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You
At least 9 months
You file a written claim with the carrier
49 U.S.C. 14706(e)
-
Carrier
Within 30 days
The carrier acknowledges your claim in writing, unless it pays or declines it first
49 CFR 370.5
-
Carrier
Within 120 days
The carrier pays, declines or makes a firm settlement offer in writing
49 CFR 370.9
-
Carrier
Every 60 days after
If the claim is still open, the carrier tells you its status and the reason for the delay, in writing
49 CFR 370.9
-
You
At least 2 years
You can sue, counted from the day the carrier tells you in writing that it has denied all or part of the claim
49 U.S.C. 14706(e)
What counts as a denial? An offer to settle for less is not a denial of the rest, unless the carrier says in writing which part it is denying and why. The same goes for letters from the carrier’s insurer, which must also say the insurer is acting for the carrier.
How to File a Freight Claim
Under Part 370, a claim is a written message to the right carrier, sent within the time your bill of lading or contract allows. To count, it must do three things:
- Identify the shipment. Give enough facts to find it, such as the bill of lading number, the VINs and the delivery date.
- Say the carrier is liable. State that you hold the carrier responsible for the loss or damage.
- Ask for a specific amount. Claim a set amount of money, or one that can be worked out. A claim for an uncertain amount will not be paid until a specific amount is claimed in writing.
You can file with the carrier that took the freight, the carrier that delivered it, the carrier that issued the bill of lading, or the carrier on whose part of the trip the damage happened.
The carrier must look into every claim promptly. When it needs them, it can ask for the bill of lading, proof of any freight charges, and an invoice or other proof of the value. Keep copies of everything you send.
Shipping vehicles for a dealership, fleet or automaker? Talk to a carrier with GPS tracking on every truck.
Visible vs Concealed Damage
Visible damage
You can see it at drop-off: a dent, a scratch, a cracked light. Write it on the delivery receipt or condition report before you sign, and take photos. Our guide to vehicle condition reports walks through the check.
Concealed damage
You find it after the truck has left, such as damage under a cover or on the underside. Part 370 has no separate rule for it. Your bill of lading or contract may. Tell the carrier in writing as soon as you find it.
A note on the receipt is not a claim. Under 49 CFR 370.3, damage notes on a delivery receipt, inspection reports and damage appraisals do not count as a claim on their own. You still need to file the written claim described above.
For Sub-Haulers and Owner-Operators
If you haul under your own MC and DOT numbers, you are the carrier. The same law and the same claim rules apply to you. Part 370 also requires a carrier to keep a separate file for each claim, give it a number, and record the date it arrived.
Our sub-hauler program is for carriers with their own authority. Our guides to getting your own trucking authority and car hauler insurance cover the setup.
Carmack Amendment FAQs
What is the Carmack Amendment in simple terms?
It is the federal law that makes carriers liable for actual loss or damage to the freight they haul under a bill of lading. It dates from 1906 and is now 49 U.S.C. 14706.
How long do I have to file a freight claim?
At least 9 months. The Carmack Amendment says a carrier cannot give you less. Your bill of lading or contract sets the exact time, and it can be longer.
How long does a carrier have to answer a claim?
It must acknowledge the claim within 30 days and pay, decline or make a firm offer within 120 days. If it needs longer, it must update you in writing every 60 days.
Is a damage note on the delivery receipt a claim?
No. Federal claim rules say a note on a delivery receipt does not count as a claim on its own. You still file a written claim that names the shipment, says the carrier is liable and asks for an amount.
Does the Carmack Amendment apply to brokers?
Section 14706 places liability on carriers and freight forwarders. It does not list brokers. If a broker arranged your move, find out which carrier hauled it and read your contract.
Moving Vehicles? Talk to Our Team
Accelerated has hauled cars for automakers, rental fleets, dealers and auctions since 1999. Every truck has GPS tracking and Electronic Proof of Delivery. Tell us about your next move.
Prefer the phone? Call (720) 200-3100, Monday to Friday 7:00 AM to 5:00 PM and Saturday 8:00 AM to 12:00 PM. Running your own authority? See the sub-hauler program.
Sources
Last checked September 28, 2026. This is a plain summary of federal law, not legal advice. For a claim, read your bill of lading and contract, follow your carrier’s claim process, and talk to an attorney about your own case.