The Carmack Amendment only states that a motor carrier cannot require cargo claims to be filed in less than 9 months. So, if the Bill of Lading states that cargo claims must be filed within 6 months, then that provision is unenforceable.
What is the time limitation for a shipper receiver to file a freight claim against a carrier?
A claim must be filed within 14 days of delivery for damage and within 21 days for delay. While the Convention does not provide a time limit for claims for non-delivery, the airlines typically set a limit of 120 days from the issuance of the air bill for notice of non-delivery.
Who is responsible for freight claims?
The shipper is responsible for proving that the freight was delivered to the carrier in good condition and packaged correctly. It is then the burden of the carrier to prove it was not negligent and one of the exceptions under the Carmack Amendment applies.
How does a freight claim work?
A freight claim is a demand for reimbursement from the carrier when shippers are overcharged or face losses due to damaged packages. A signed agreement between the carrier and shipper should identify liability details, and what types of claims can be filed.