If the shipper can prove that a carrier received the goods in an undamaged state and delivered them damaged or lost, the carrier will be liable unless one of the five exclusions to carrier liability exist and the carrier was not negligent.
Who is responsible to file a freight claim?
The receiver, also often noted as the consignee, is responsible for documenting any loss or damages that might result from the carriage and delivery of freight.
How long does a carrier have to pay a freight claim?
After you submit your claim to the carrier, the carrier has 30 days from the receipt of the claim to acknowledge that it has received your claim. See 49 CFR § 370.5. The carrier then has 120 days from the receipt of claim to either: (1) pay the claim, (2) compromise or settle the claim, or (3) to pay the claim.
What constitutes a cargo claim?
A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof.