Freight Claim Filing Deadlines: The Clock That Ends Claims
Freight claim deadlines are generally cited as nine months from delivery to file a written claim and two years and one day from written denial to file suit, based on uniform bill of lading terms — with shorter prompt-notice requirements for visible and concealed damage inside those windows. Intrastate moves follow state law, which varies. These are general conventions, not legal advice: verify current law and your specific contracts, because individual terms differ and missing a date ends the claim.
More cargo claims die on deadlines than on the merits. The damage was real, the carrier was at fault, the evidence was solid — and the claim was filed two weeks after the window closed, so none of it mattered. Time limits in freight claims are unforgiving, and they start running whether or not you know about them.
The deadlines come from several places at once: the bill of lading, the transportation contract, the Carmack Amendment framework, and state law for intrastate moves. They stack, and the shortest one usually controls. If you handle claims — as a shipper, carrier, or dispatcher — calendaring these dates is not administrative work; it is the work.
The time periods below are the generally cited ones in the industry. They are not legal advice, and you should verify current law and read your specific contracts and bills of lading, because individual terms can and do differ.
The Written Claim Deadline: Generally Nine Months
The period most often cited for filing a written cargo claim is nine months from the date of delivery — or, for a lost shipment, nine months from the date delivery should have occurred. This comes from the uniform bill of lading terms that most carriers incorporate, which courts have long enforced. Miss it, and the carrier can deny the claim on timeliness alone without ever reaching the question of who caused the damage.
Notice what the clock requires: a written claim that identifies the shipment, asserts liability, and demands a specified or determinable sum. A phone call complaining about damage does not stop the clock. An email that says 'we had some damage on last Tuesday's load, we're looking into it' probably does not either. The claim must be recognizable as a claim.
For carriers receiving claims, the nine-month rule is a defense to check first — before investigating facts, before pulling the driver's file. Ask for the claim letter and its date, compare it to the delivery date, and if it is late, say so in writing. For shippers and consignees, the discipline is the reverse: file early, file in writing, and keep proof of when and how you sent it.
The Suit Deadline: Generally Two Years and a Day
If the claim is denied — or simply not paid — the next clock is the deadline to file suit. The period generally cited in the industry is two years and one day from the date the carrier gives written notice that the claim is disallowed. The odd 'and a day' formulation comes straight from the uniform bill of lading language, and courts enforce it as written.
This deadline is a trap for the unwary because it runs during everything else: while you are appealing the denial, while you are negotiating, while your broker says they are 'working on it.' None of that pauses the clock. Appeals and negotiations are fine — but calendar the suit deadline independently and treat it as hard.
Two practical consequences follow. First, when you receive a written denial, immediately calendar two years and a day from its date. Second, do not let a carrier's ongoing 'review' lull you past it — if the deadline is approaching and the claim is not resolved, you need counsel involved before it expires, not after. Verify current law in your jurisdiction, because the exact trigger and period depend on the governing terms.
Notice Requirements: Shorter Clocks Inside the Big Ones
Inside the nine-month filing window sit shorter notice requirements that can also kill a claim. Bills of lading and contracts commonly require the consignee to notify the carrier of visible damage at delivery — noted on the delivery receipt — and to report concealed damage promptly after discovery, often within a matter of days. These are separate obligations from filing the formal written claim.
The delivery-receipt notation is the most commonly missed. A receiver who accepts freight, signs clear, discovers damage during unpacking, and waits three weeks to tell anyone has weakened the claim at every level: causation is harder to prove, the carrier lost the chance to inspect, and the contract's prompt-notice term was breached. Train your receiving people — or your customers — to note exceptions before the driver leaves.
For concealed damage, the notice clock starts at discovery, not delivery. That helps late-discovered claims survive, but only if discovery is genuine and notice is prompt. Our concealed damage claims guide covers the discovery rules and the documentation that decides those disputes.
Intrastate Moves and State-Law Deadlines
Everything above describes the interstate framework. Purely intrastate shipments are governed by state law, and the deadlines vary — some states mirror the nine-month and two-year structure, others set their own periods in statute or through the state tariff. If you haul intrastate, you need to know your state's rules, not the federal shorthand.
The practical complication is mixed movements and unclear jurisdiction. A load picked up and delivered in the same state but moving as part of an interstate through movement is generally treated as interstate. When in doubt about which regime applies, assume the shorter deadline and file early — you lose nothing by filing a protective claim under both frameworks.
This is also where the 'verify current law' warning matters most. State legislatures and courts change these rules, and industry shorthand lags behind. For any claim large enough to matter, confirm the applicable deadline with a transportation attorney rather than relying on a guide — including this one.
Deadlines for the Carrier's Own Recovery
Carriers face deadlines on both sides of a claim. When you pay a shipper's claim — or when freight is damaged by a connecting carrier, a lumper service, or a prior handler — your recovery claim against that party has its own clock, set by your contract with them. The nine-month convention applies between carriers too when the uniform terms govern, but interline agreements and broker contracts often set shorter periods.
The discipline is the same: when you learn of damage that someone else caused, put them on written notice immediately and follow with a formal claim. Carriers who wait until the shipper's claim against them is resolved before pursuing the at-fault party often discover their own window has closed.
If your insurer paid the shipper and is pursuing recovery, that is subrogation — the insurer steps into your shoes and inherits your deadlines. Cooperate promptly with your insurer's recovery efforts, because their clock is your clock. Our subrogation guide explains how that recovery process works.
Building a Deadline-Proof Claims Process
Deadlines are a process problem, and process problems have process fixes. Maintain a simple claims log: shipment date, delivery date, discovery date, notice date, written-claim date, denial date, and suit deadline. One spreadsheet, updated the day each event happens, prevents nearly every deadline loss.
Standardize the written claim itself. Keep a template that includes the BOL number, dates, origin and destination, a liability assertion, and a demand for a sum — even if the sum is stated as 'to be determined pending inspection' where your terms allow it. Templates turn a two-week drafting exercise into a same-day filing.
Finally, treat every denial letter as a calendar event, not just a disappointment. The day a denial arrives, log the suit deadline and set a reminder well before it. For the full end-to-end process, see our insurance claims process guide — and if a claim has already been denied, our denied-claim appeal guide walks through the rebuttal.
Key takeaways
- File the written claim generally within nine months of delivery — a call does not count.
- Calendar two years and a day from any written denial; the clock runs during appeals.
- Note visible damage on the delivery receipt; report concealed damage promptly after discovery.
- Intrastate deadlines follow state law and vary — confirm your state's rules.
- Pursue your own recovery claims against at-fault parties promptly; their clocks run too.
- Log every claims date the day it happens — deadlines are a process problem.
Questions carriers ask
How long do I have to file a freight claim?
The generally cited period is nine months from delivery (or from when delivery should have occurred for lost freight), based on uniform bill of lading terms. Individual contracts can differ, so verify current law and read your specific terms.
What counts as filing a claim — is a phone call enough?
No. The claim must be in writing, identify the shipment, assert the carrier's liability, and demand a specified or determinable sum. Phone calls and vague complaints do not satisfy the requirement.
How long do I have to sue after a claim is denied?
The generally cited period is two years and one day from the carrier's written notice of disallowance. It runs during appeals and negotiations, so calendar it immediately and verify current law.
Do the same deadlines apply to intrastate shipments?
Not necessarily — intrastate moves are governed by state law, which varies. Some states mirror the federal structure; others set their own periods. Confirm your state's rules for intrastate freight.
Is this legal advice?
No. The periods discussed are generally cited industry conventions. Real deadlines depend on your contracts, bills of lading, and current law — consult a transportation attorney for a specific claim.
What if I discover hidden damage months after delivery?
Concealed-damage notice clocks generally run from discovery, not delivery — but notice must still be prompt after discovery, and the formal written claim remains subject to the general filing window. See our concealed damage guide.