Cargo Claims Policy
If you have encountered cargo loss or damage on a shipment handled by Truckload Express and find it necessary to file a cargo claim, we are here to help you resolve the situation as fairly and promptly as possible. The following information will help guide you through the freight claims process.
All motor carriers utilized by Truckload Express have agreed under contract to accept liability for cargo loss and damage as specified in the Carmack Amendment (49 U.S.C. §14706), and to process all claims in accordance with 49 C.F.R. §370.1. These are the industry standards for cargo liability and claims processing. Intermodal shipments are subject to the railroad’s rules circular. As part of our service, we will handle processing of your claim with the carrier for you.
The shipper, consignee or a third-party payor of the freight charges can file a claim but only one claim can be filled per shipment. Any cargo damage or shortage must be noted on the bill of lading or delivery receipt with signature of the driver and consignee.
Cost You Can Recover In a Claim
- Cost of lost or unsalvageable damaged product. Please be aware, the consignee has a statutory obligation to mitigate the loss for the carrier.
- Costs to sort, repackage and/or repair the damaged cargo.
- Paid freight costs for the lost or damaged cargo.
Consequential damages are not recoverable in the freight claim. Neither the carrier nor Truckload Express will be liable for these charges.
Documents Required to File a Freight Claim
- Freight Claim Form detailing the shipment information and how the claimed amount was determined. Your claim should be filed against the actual carrier who transported your shipment since, by law and by contract, they are the party liable for your goods. Truckload Express will handle processing of your claim with the carrier for you.
- Bill of Lading or Delivery Receipt showing notation for the loss of damaged goods and the signatures of both the driver and the consignee.
- Paid Freight Invoice
- Vendor Invoice or Evidence of the cost of the items lost or damaged.
- Itemization of Costs for sorting, repackaging or repair to the damaged goods (i.e. the labor rate and labor hours incurred; copy of invoice for hired services).
- Inspection Report (if applicable)
Cargo Liability Limits – Unless specifically agreed to otherwise, the maximum liability per shipment is:
- Highway Truckload – $100,000
- Intermodal – $100,000 ($250,000 for some commodities. Varies by railroad)
- LTL – $5.00/pound; used goods are limited to $0.50/pound
Minimum Claim Amount
- Highway Truckload – $100.00 per shipment
- Intermodal – $250.00 per shipment
- LTL – $100.00 per shipment
Mail or Email Your Claim & Supporting Documents
Truckload Express, Inc.
5670 28th Street South Suite 191
Saint Petersburg, FL 33712
Email: firstname.lastname@example.org Phone: (727) 308-0180 Fax: (727) 308-0170
Cargo Liability – The carriers utilized by Truckload Express are liable for loss or damage.
- Highway Truckload & LTL – All motor carriers utilized by Truckload Express have agreed, under contract, to accept liability for cargo loss and damage as specified in the Carmack Amendment (49 U.S.C. 14706), the industry standard for cargo liability.
- Intermodal – The railroads and drayage companies Truckload Express utilized for intermodal shipments are liable for cargo loss or damage on your shipments, subject to the rules circular for the underlying railroad(s). Railroads require prompt notification of any cargo loss or damage and an opportunity to inspect the cargo prior to salvaging or disposing of the damaged goods. Failure to comply with this requirement may void your right to recover your claim amount.
Trailer/Container Seal Intact – No shortage claim will be honored for truckload shipments delivered with the trailer seal intact. Trailer seals should be applied by the shipper on all truckload shipments.
Cargo Packaging/Cargo Loading – All shipments are accepted on a Shipper-Load-and-Count basis. Shipper is responsible for proper packaging and loading of cargo in the trailer/container for transit. Damage claims due to improper packing or improper shipment loading and securement will not be honored.
Obligation to Mitigate the Loss – Federal regulations require the shipper and/or consignee to mitigate the loss for the carrier by salvaging the undamaged portion of the shipment, repairing the damaged goods, or selling the goods at a discount. Damaged goods must be maintained and protected by the consignee from further damage until the claim has been resolved. All packaging should be held until an inspection has been performed or waived or the claim has been resolved.
Time Limit for Filing a Freight Claim – Any claim for cargo loss or damage must be filled within 9 months of the loss or damage, or, in the event of non-delivery, the scheduled delivery date. Please alert Truckload Express of any cargo loss or damage immediately upon discovery. The longer you wait to advise us of a claim the more difficult it will be to secure a fair settlement. Failure to notify us of loss or damage on an intermodal shipment within 24 hours of discovery may void your ability to recover damages from the railroad.
Photographs of Damaged Product – Photos of the damaged goods are not required but they are always helpful, particularly when they show the cargo blocking and bracing, packaging and condition of the freight as it arrived, preferably while still in the trailer/container. Please email any pictures to email@example.com with your claim documents. Do not fax photos.
Tracking Your Claim Status – Truckload Express will issue written acknowledgement of your claim within 10 days of receiving your claim form and documentation. We will update you every 30 days on the status until it is resolved. Our objective is to resolve all claims within 30-45 days of receipt. By law, carriers have 120 days to pay, decline, or make settlement offer on a claim.