Dry Van Cargo Claims: How to Prevent Them and What to Do When One Lands

Dry van cargo claims are the bills that show up weeks after a load delivered: a shortage the receiver found when they counted, a crushed pallet, a case of soaked paper towels. A single claim can cost more than the load paid, and a broker can short your settlement while it's sorted out. Most claims are preventable, and the ones that aren't go much better when the paperwork is right.

Common dry van claims

How Carmack works for carriers

The Carmack Amendment, codified at 49 U.S.C. 14706, makes a motor carrier liable to the person entitled to recover under the bill of lading for actual loss or injury to the property. It's a strict standard, with only narrow defenses, which is why prevention and paperwork matter so much.

The statute also sets minimum time limits:

• A carrier can't set a claim-filing period shorter than 9 months.
• A carrier can't set a period shorter than 2 years to bring a lawsuit, counted from the date the carrier gives written notice that it's denying the claim.

Carriers can limit liability to a value the shipper declares or agrees to in writing, but only through a proper agreement. Your broker-carrier agreement may also set terms on claims and deductions.

The claim process and deadlines

FMCSA's claim rules in 49 CFR Part 370 set out how claims are filed and handled:

1. The claim. A written claim must identify the shipment, assert liability, and demand a specified or determinable amount (49 CFR 370.3).
2. Acknowledgment. The carrier acknowledges it in writing within 30 days of receipt (49 CFR 370.5).
3. Investigation. The carrier looks into the claim and its supporting documents.
4. Disposition. The carrier pays, declines or makes a firm compromise offer within 120 days, then sends a status update every 60 days if it can't resolve the claim in that time (49 CFR 370.9).

The timeline at the top of this page puts those steps in order.

Preventing claims on van freight

Most claims are decided at pickup. The habits that prevent them:

• Inspect the box before loading. No holes, no leaks, a dry and clean floor. Our dry van trailer inspection checklist covers it.
• Count when you can, note when you can't. If you watch the load and count it, sign for that count. If the trailer is sealed before you see it, write "shipper load and count" on the bill of lading.
• Record the seal number and check it at every stop. See our guide to trailer seals and cargo security.
• Secure the load with load bars or straps when there's open floor, so pallets don't shift.
• Photograph everything: the empty trailer, the loaded trailer before sealing, the seal, and the freight at delivery before it's unloaded.
• Drive for the load. Hard stops and fast turns shift freight even when it's secured.
• Get exceptions written on the delivery receipt if anything is wrong at delivery, and make sure the receiver signs it.

When a broker deducts a claim

On brokered freight, a claim often shows up as a deduction from your settlement rather than a formal claim letter. If that happens:

• Ask for the written claim from the shipper or receiver and the supporting documents: the delivery receipt with exceptions, photos, the invoice for the product, and any inspection report.
• Compare it with your paperwork: the bill of lading, seal record and photos.
• Check your broker-carrier agreement for claim terms and deduction rights.
• Notify your cargo insurer as soon as you learn of a claim; late notice can affect coverage.

Insurance and claims

Cargo insurance pays covered claims, minus your deductible, up to the policy limit. Coverage, limits and exclusions vary by policy, so read yours against the freight you haul. Our dry van insurance guide explains cargo coverage and what brokers commonly ask for. A history of claims can raise premiums, which is one more reason prevention pays.

Price the risk into your loads too. High-value or fragile freight should pay for the extra exposure; compare loads with the dry van load profit calculator.

Where dispatch helps

A dispatcher can't count your pallets, but we can make sure the rate con lists the commodity and value, that high-value loads have the right coverage, and that paperwork reaches the broker clean and on time. That's part of how our dry van dispatch service works. See what kinds of dry van loads we book, or read more dry van guides.

Cargo claim questions

What is the Carmack Amendment?

It's the federal law, now at 49 U.S.C. 14706, that makes motor carriers liable for actual loss or injury to property they carry under a bill of lading. It also sets minimum time limits: a carrier can't give a claimant less than 9 months to file a claim, or less than 2 years to sue after the carrier denies the claim in writing.

How long does a carrier have to respond to a cargo claim?

Under 49 CFR 370.5 the carrier must acknowledge a claim in writing within 30 days of receiving it, unless it has already paid or declined it. Under 49 CFR 370.9 it must pay, decline or make a firm compromise offer within 120 days, and send a status letter every 60 days after that while the claim stays open.

What does a valid cargo claim have to include?

Under 49 CFR 370.3 a written claim must identify the shipment, assert that the carrier is liable for the loss or damage, and demand a specified or determinable amount of money. Brokers often deduct claims from carrier pay without a formal claim, so ask for the written claim and supporting documents.

Does cargo insurance cover every claim?

Not always. Policies have limits, deductibles and exclusions, and some exclude certain commodities, unattended vehicles or theft from trailers left unsecured. Read your policy and compare it with what brokers require before you haul high-value freight. Our dry van insurance guide covers coverage types.

Sources

1. 49 U.S.C. 14706, liability of carriers under receipts and bills of lading (Carmack), checked October 2026
2. 49 CFR 370.3, filing of claims, checked October 2026
3. 49 CFR 370.5, acknowledgment of claims, checked October 2026
4. 49 CFR 370.9, disposition of claims, checked October 2026

General information, not legal or insurance advice. Talk to your insurer or an attorney about a specific claim.