Documenting damaged cargo: the record that decides the claim
A cargo claim can arrive months after delivery. By then, the only things still telling the story are the receipt signed at the dock and the photos on the driver's phone.
Written by Inely Baez
The cargo claim clocks
Documenting damaged cargo means recording the damage before you sign: wide and close photos, a seal and piece count, and a specific exception written on the bill of lading or delivery receipt. That record is not a claim by itself, but it is the evidence a claim is paid or declined on.
A driver who finds crushed pallets at the dock has a few minutes to create the only record made at the moment of handover. What goes on the receipt and the phone in those minutes is what everyone argues over later.
I lead operations at Simplex, and I treat damage documentation as a procedure, not a judgment call: the same steps, in the same order, on every load that doesn't look right.
The full briefing, read aloud
8 chapters. Select one to jump to it.
Generated with AI text-to-speech from this article's key insights, in order, rather than reading it word for word. Chapter times come from a transcript of the audio. The article itself was written and reviewed by Inely Baez.
Key takeaways
Write the exception before you sign
A specific note on the delivery receipt, signed at the dock, is the record of the load's condition at handover.
A damage notation is not a claim
Under 49 CFR 370.3(c), damage notes on freight bills or delivery receipts do not, on their own, meet the filing requirements.
A claim must be written and specific
It identifies the shipment, asserts liability, and asks for a specified or determinable amount of money.
Don't throw damaged freight away
Refused or damaged property goes through salvage after notice to the owner. Hold it until you have instructions.
Federal clocks run after delivery
At least 9 months to file, 30 days to acknowledge, 120 days to resolve, and at least 2 years to sue after a written denial.
Your contract can change the defaults
Shippers and carriers can waive these rights in a written contract, so read the cargo claims clause in yours.
In this articleContents
Why does documenting damaged cargo matter?
It matters because the carrier is liable for cargo damage it caused, and the paperwork from pickup and delivery is how anyone decides who caused it. Under 49 U.S.C. 14706, the carrier that issues the receipt or bill of lading and the delivering carrier are liable for the actual loss or injury to the property, whether they caused it or another carrier on the route did.
That liability exists even if no bill of lading was issued. The paperwork doesn't create it; it is how you show whether the damage happened on your watch.
The claim also lands on the carrier, not the broker. FMCSA says a claim must be filed with the appropriate motor carrier, usually the delivering carrier or the carrier that caused the loss. A broker may help the shipper file it.
So your driver's photos and notes are the first page of your claim file, whether you end up paying the claim, disputing it, or passing it to your insurer.
When should a driver document cargo condition?
Document cargo condition at every point where responsibility changes or the load could have moved: pickup, on the road, and delivery.
At pickup
For for-hire, non-exempt carriers, the bill of lading must show the consignor and consignee, origin and destination, number of packages, a description of the freight, and weight or volume where it affects the rate, under 49 CFR 373.101. Check the count and condition against it before you sign, and note anything that is already damaged.
If the trailer was loaded and sealed without you, write down the seal number and that you did not see the freight loaded.
On the road
Under 49 CFR 392.9, a driver must check the cargo and its securement within the first 50 miles, then again at each change of duty status, or after 3 hours or 150 miles of driving, whichever comes first. Drivers of sealed trailers who were told not to open them, and loads that can't practically be inspected, are excepted.
If a check turns up shifted or damaged freight, photograph it before you fix anything and tell dispatch. Securement is also an inspection item, covered in our guide to preparing for roadside inspections.
At delivery
Delivery is usually the last time both sides look at the freight together. The steps below apply there, and at any other point where you find damage.
What should a driver do when cargo is damaged?
Stop, photograph, count, write a specific exception, and hold the freight. In order:
Step 1: Make it safe
Leaking, unstable, or hazardous freight comes first. Don't climb into a trailer with a load that can still fall.
Step 2: Don't sign yet, call dispatch
A signature with no exceptions reads as a load delivered in good order. Let dispatch know before anything is signed or unloaded further.
Step 3: Photograph before anything moves
Shoot the load as it sits when the doors open, then work from wide to close. The next section lists the shots.
Step 4: Check the seal and the count
Record whether the seal was intact and its number. Count pieces against the bill of lading, so a shortage isn't recorded as damage, or the reverse.
Step 5: Write a specific exception
"Damaged" says nothing. "3 of 22 pallets crushed on top tier, stretch wrap torn, cartons open" says what, how many, and how. Get the receiver's printed name next to their signature.
Step 6: Hold the freight
Don't discard or sell damaged product on your own. Under 49 CFR 370.11, when damaged freight is refused, the carrier gives notice to the owner and others with an interest where practicable, then disposes of it through salvage in a way that protects all of them, and keeps an itemized record.
Step 7: Report it the same day
Send the photos and a written report to dispatch or safety before the end of the shift, while details are fresh.
What photos help a cargo damage claim?
The photos that help are the ones that tie the damage to this shipment, this trailer, and this moment.
| Shot | What it shows |
|---|---|
| Trailer and unit number at the dock | Which equipment, and where |
| Seal, before it is cut | Whether the trailer was opened in transit |
| The load as it sits when the doors open | How the freight rode, and whether it shifted |
| Close-ups of each damaged piece | The type and extent of the damage |
| Labels, SKU, and PRO or BOL numbers on damaged pieces | That the damage belongs to this shipment |
| Pallet or piece count | Whether it is a shortage, damage, or both |
| Packaging, wrap, dunnage, and straps | Whether packaging or handling is the likely cause |
| The signed receipt with your exception | What was recorded at handover |
Keep the phone's date, time, and location stamps on, shoot each damaged piece from more than one angle, and use a flashlight in dark trailers. Send the original files, not screenshots or edited copies.
What goes in a cargo damage report?
A cargo damage report, or cargo condition report, is the carrier's written record of what was found, where, and what happened to the freight next. It should include:
- Shipment identifiers: bill of lading, PRO, and load numbers
- Parties: shipper, consignee, and the receiver's name at the dock
- Shipment details: origin, destination, pieces, description, and weight, matching the bill of lading
- Equipment: tractor and trailer numbers, seal number, and seal condition
- Discovery: date, time, place, and at which stage the damage was found
- Damage: each affected piece, the type of damage, and the exact exception written on the receipt
- Disposition: accepted, refused, or held, and who gave the instruction
- Attachments: a list of photos, and the driver's signature
The report supports a claim; it doesn't replace one. 49 CFR 370.3(c) says bad order reports, damage appraisals, inspection reports, and damage notes on delivery receipts are not, standing alone, enough to count as a claim.
When a claim does arrive, carriers may need the bill of lading, evidence of the freight charges, and the invoice or a certified copy, under 49 CFR 370.7(b). Keep them in the same file as the report.
Want a starting point? Download our free cargo damage report template (PDF) and adapt it to your operation.
How does a cargo claim work after delivery?
A claim starts when the claimant files a written claim with the right carrier, within the time limit in the bill of lading or contract. Under 49 CFR 370.3(b), it must identify the shipment, assert liability, and ask for a specified or determinable amount. A claim for "$100 more or less" won't be voluntarily paid until a specific amount is filed.
| Clock | Length | Rule |
|---|---|---|
| Filing a claim | Carrier can't allow less than 9 months | 49 U.S.C. 14706(e) |
| Acknowledging it | Within 30 days, unless paid or declined first | 49 CFR 370.5 |
| Deciding it | Pay, decline, or offer a firm settlement within 120 days, then a status letter every 60 days | 49 CFR 370.9 |
| Suing over it | Carrier can't allow less than 2 years from a written denial | 49 U.S.C. 14706(e) |
A settlement offer is not a denial unless the carrier says in writing which part is disallowed and why. The same applies to letters from the carrier's insurer, which must also say the insurer is acting for the carrier.
Whether a claim is paid by you or your cargo policy depends on your coverage, which is separate from auto liability. See what goes into truck insurance pricing, or review your motor truck cargo coverage with us. If a load goes missing rather than arriving damaged, read our guide to freight fraud and cargo theft.
How Simplex helps when freight arrives damaged
Documentation protects you only if the procedure exists before the damage does. We help with the coverage and the process.
Cargo coverage that fits your freight
As a broker, we quote and place commercial truck insurance, including motor truck cargo, and a licensed agent can walk you through what your cargo policy covers.
Driver procedures, written down
Our DOT safety compliance team covers driver qualification files, hours of service, and audit support, the records behind every driver you dispatch.
A program that keeps checking
Our compliance programs include HOS management, CSA monitoring, mock audits, and driver qualification file management.
Frequently asked questions
What photos actually help a cargo damage claim?+
Is a damage note on the delivery receipt a claim?+
Can a driver throw away damaged freight?+
How long does a shipper have to file a cargo damage claim?+
Does the broker handle a cargo claim?+
Where this information comes from
The claim rules below come from federal statute and FMCSA regulations, checked on September 24, 2026.
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1
eCFR — 49 CFR Part 370
What counts as a claim, the 30-day acknowledgment, the 120-day decision, supporting documents, and salvage.
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2
U.S. Code — 49 U.S.C. 14706
Carrier liability under a bill of lading, and the 9-month and 2-year minimum periods.
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3
U.S. Code — 49 U.S.C. 14101
How a written shipper contract can waive these rights and remedies.
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4
eCFR — 49 CFR 373.101
What a for-hire carrier's bill of lading must show.
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5
eCFR — 49 CFR 392.9
The driver's cargo checks at 50 miles, then every duty change, 3 hours, or 150 miles.
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6
FMCSA — Does a broker process loss and damage claims?
Claims are filed with the motor carrier, not the broker.
Written by
Inely Baez
Chief Operating Officer, Simplex Group
Chief Operating Officer at Simplex Group, with nearly eight years at the company leading operational strategy and execution across compliance, technology, logistics, and performance systems. She is a Certified Public Accountant with a background spanning operations and finance, including leadership roles within Simplex's Freight 4 U division and Velox Transport Solutions. Her work focuses on building scalable, disciplined systems that support long-term performance and growth.
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The record made at the dock is the one that counts
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If you want help putting a damage procedure and the right cargo coverage in place, talk to our team.