| TL;DR |
|---|
| A cargo loss usually involves two separate claims: one with your cargo insurer, under the terms of your policy, and one against the carrier, under the law that governs the move. Notify your broker or insurer immediately, note any damage on the delivery receipt, and file a written claim with the carrier on time. The deadlines differ: under COGSA (ocean), give notice at delivery — or within 3 days if damage isn’t apparent — and sue within 1 year; under the Carmack Amendment (domestic truck and rail), the bill of lading can’t give you less than 9 months to file a claim or less than 2 years to sue after the carrier denies it. |
Before a Loss Happens: What to have ready?
Claims move faster when the underlying paperwork already exists before anything goes wrong. Keep the following on file for every shipment insured under your cargo policy:
- Your certificate of insurance or Open Cargo Policy number.
- The commercial invoice and packing list.
- The bill of lading or airway bill.
- Photographs of the cargo and its packaging at origin, where possible.
Two Claims, Two Processes: Insurer vs. Carrier
Many shippers assume that “filing a claim” is a single step. In practice, there are two different claims with different rules, and confusing them is one of the most common reasons recoveries are reduced or lost.
| Claim with your cargo insurer | Claim against the carrier | |
|---|---|---|
| Legal basis | Your insurance policy or certificate | COGSA (ocean) [1], the Carmack Amendment (domestic truck and rail) [2], or the contract of carriage |
| Who files it | You, usually through your broker | You, as cargo owner — later, your insurer through subrogation once it has paid |
| What you must prove | A covered loss, the insured value, and compliance with policy conditions | Good condition at origin, loss or damage at delivery, and the amount of the loss |
| Deadlines | Those set in your policy (typically “immediately” or “as soon as practicable”) | Set by law and the bill of lading — see the next section |
| What you can recover | Up to the insured value for covered losses, minus the deductible | Limited by the carrier’s liability regime (e.g., $500 per package under COGSA, or the released value under Carmack) |
The two processes are connected: when your insurer pays, it steps into your rights against the carrier (subrogation). That’s why the policy requires you to protect those rights — notifying the carrier in time, noting exceptions on delivery documents, and not signing releases or waivers. Missing a carrier deadline can reduce your insurance recovery too.
Carrier Claim Deadlines: COGSA vs. the Carmack Amendment
| Step | COGSA (international ocean) | Carmack Amendment (domestic truck and rail) |
|---|---|---|
| Notice of loss | In writing at the port of discharge, before or at removal of the goods; within 3 days of delivery if damage isn’t apparent. Missing it doesn’t bar the claim, but the carrier is presumed to have delivered in good order | Noting damage on the delivery receipt is essential evidence, but it is not a claim by itself |
| Written claim | Recommended as soon as possible, but the decisive deadline is the lawsuit | Within the period set in the bill of lading, which cannot be shorter than 9 months; it must identify the shipment, assert liability, and claim a specific or determinable amount |
| Carrier response | No statutory response period | Acknowledgment within 30 days; payment, denial, or a firm settlement offer within 120 days (49 CFR Part 370) [3] |
| Lawsuit | Within 1 year after delivery, or after the date the goods should have been delivered | The carrier cannot set less than 2 years from the date it gives written notice that it is denying the claim |
For air shipments under an air waybill, the Montreal Convention applies its own rules: written complaint within 14 days of receipt for damage and within 21 days for delay, and suit within 2 years. Because each regime counts time differently, it pays to have your broker confirm which one applies to each leg of the shipment.
Step-by-Step: How to File a Cargo Insurance Claim in the US
1. Notify the carrier and your broker or insurer immediately. Most cargo policies require notification within a defined window after discovering loss or damage — do not wait until final delivery paperwork is fully processed to report it. Remember that the carrier has its own deadlines — notice at delivery (or within 3 days) and suit within 1 year under COGSA; a written claim within the bill of lading period (at least 9 months) under the Carmack Amendment — and they run regardless of your policy’s notification deadline.
2. Note the damage on the delivery receipt or bill of lading before signing clean. An unqualified “clean” signature at delivery can be used to argue that no damage existed at the time of receipt. Note visible damage or shortage in writing before signing. Under Carmack, that notation alone does not count as a claim against the carrier — you still need to file a formal written claim.
3. Photograph the damage and preserve all packaging. Take photos of the cargo, the packaging, and the container or trailer before unloading is completed. Do not discard damaged packaging — it may be required for inspection.
4. Take reasonable steps to mitigate further loss. Separate damaged from undamaged goods, and protect the cargo from further deterioration, without incurring costs beyond what is reasonable.
5. Assemble your documentation package. This typically includes the commercial invoice, packing list, bill of lading/airway bill, delivery receipt with damage noted, photographs, and the certificate of insurance.
6. Submit the claim to your broker or insurer. A completed claim form together with the documentation package above allows the claim to be logged and assigned without back-and-forth requests for missing items.
6a. File the written claim against the carrier. Separately, send the carrier a written claim identifying the shipment, stating that it is liable, and claiming a specific amount. Keep proof of the date sent. Do not sign releases or accept partial settlements without checking with your broker, as that can affect your insurer’s recovery rights.
7. Cooperate with the surveyor or adjuster. For significant losses, an independent surveyor may be appointed to inspect the cargo. Provide access and information promptly to avoid delays.
8. Track the claim through to resolution. A specialized broker can coordinate directly with the surveyor and underwriter on your behalf, reducing the administrative burden on your team.
Claims at the Port vs. Claims in Transit
Port-related damage (for example, at the Port of Miami or Port Everglades) often involves an additional party — the terminal operator or stevedore — and may require a joint survey with the terminal before cargo is released. Documentation should include the terminal’s own damage report or exception notation, in addition to the standard claims package.
Inland trucking damage typically involves the motor carrier directly. The delivery receipt noted at the time of delivery is the single most important document, since it establishes the condition of the cargo at handoff.
Documentation Checklist
- ✔️ Certificate of insurance / Open Cargo Policy number
- ✔️ Commercial invoice and packing list
- ✔️ Bill of lading or airway bill
- ✔️ Delivery receipt with damage or shortage noted in writing
- ✔️ Photographs of cargo, packaging, and container/trailer
- ✔️ Terminal exception report (for port-related claims)
- ✔️ Repair estimate or salvage value, if applicable
Frequently Asked Questions
How long do I have to report a cargo loss or damage?
Notification windows vary by policy but are typically short — often within days of discovery. Report as soon as loss or damage is identified rather than waiting for a formal deadline. Carrier deadlines are separate: under COGSA, notice at delivery (3 days if not apparent) and suit within 1 year; under the Carmack Amendment, a written claim within the bill of lading period, which can’t be shorter than 9 months.
What happens if I sign the delivery receipt without noting damage?
An unqualified clean signature can be used to argue the cargo arrived undamaged, which may complicate or reduce your claim. Always note visible damage or shortage in writing before signing.
Do I file the claim with the carrier or with my cargo insurer?
Both, because they are different claims. Your insurance claim goes to your broker or insurer and is governed by your policy. Your claim against the carrier is governed by COGSA [1] or the Carmack Amendment [2] and has its own deadlines. File both: once your insurer pays, it takes over your rights against the carrier through subrogation, so protecting the carrier claim protects your insurance recovery.
Are the COGSA and Carmack deadlines the same?
No. COGSA requires notice at delivery (or within 3 days if damage isn’t apparent) and a lawsuit within 1 year. Under the Carmack Amendment, the carrier must allow at least 9 months to file a written claim and at least 2 years to sue from the date it denies the claim in writing.
Is a surveyor always required?
Not for every claim — insurers typically require an independent survey for claims above a certain value or where the cause of loss is disputed.
How long does it take to resolve a cargo insurance claim?
Timelines depend on the completeness of the documentation package and the need for a survey. Submitting a complete package with the first submission is the single largest factor in shortening resolution time.
Have a Claim or Need Coverage Before Your Next Shipment?
JAH Insurance Brokers Corp works on your side through the whole process: we help you document the loss, file the insurance claim, protect your rights against the carrier, and follow up with the surveyor and the insurer until resolution. And if you’re shipping without coverage, we can structure a Full Cover or Total Loss policy, an Open Cargo Policy for recurring shipments, and certificates you can issue yourself in about 1 minute with our BOT, or in under 5 minutes on our platform.
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Sources
- Carriage of Goods by Sea Act, 46 U.S.C. § 30701 note [Internet]. Washington (DC): US Government Publishing Office; 2008 [cited 2026 Oct 21]. Available from: https://www.govinfo.gov/content/pkg/USCODE-2008-title46/html/USCODE-2008-title46-subtitleIII.htm
- Liability of carriers under receipts and bills of lading (Carmack Amendment), 49 U.S.C. § 14706 [Internet]. Ithaca (NY): Legal Information Institute, Cornell Law School; [date unknown] [cited 2026 Oct 21]. Available from: https://www.law.cornell.edu/uscode/text/49/14706
- Investigation and disposition of loss and damage claims, 49 C.F.R. Part 370 [Internet]. Washington (DC): Electronic Code of Federal Regulations; [date unknown] [cited 2026 Oct 21]. Available from: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-370
