What Is Carmack Amendment in Trucking?
Also called: 49 USC 14706, Cargo Liability, Cargo Claim Law
The Carmack Amendment is the federal law that makes a motor carrier responsible for loss or damage to freight it hauls between states. It is now in 49 U.S.C. 14706. The carrier is liable for the actual loss or injury to the property. A carrier may not give less than 9 months to file a claim or less than 2 years to sue.
Last reviewed September 23, 2026 · Facts checked October 21, 2026
Key Points
- A motor carrier must issue a receipt or bill of lading for the property it takes. The carrier and any carrier that delivers it are liable to the person entitled to recover (49 U.S.C. 14706(a)(1))
- The liability is for the actual loss or injury to the property, caused by the receiving carrier, the delivering carrier or another carrier on the route. Not issuing a bill of lading does not end the liability
- A carrier may limit its liability to a value the shipper declares in writing or agrees to in writing, if that value is reasonable. Household goods have their own rules (14706(c) and (f))
- A carrier may not give less than 9 months to file a claim or less than 2 years to bring a lawsuit. The 2 years run from the date the carrier gives written notice that it denied part of the claim (14706(e))
- A claim must be in writing, identify the shipment, say the carrier is liable, and ask for a set or knowable amount of money (49 CFR 370.3(b))
- The carrier must acknowledge a claim within 30 days, and pay, decline or make a firm settlement offer within 120 days (49 CFR 370.5(a) and 370.9(a))
- A lawsuit may be brought in a United States district court or a State court (14706(d))
What is the Carmack Amendment?
It is the federal rule on who pays when freight is lost or damaged in interstate trucking. It is now in 49 U.S.C. 14706. Congress first passed it in 1906, and the Supreme Court described it in 1913 as the Carmack amendment to the Interstate Commerce Act. Under it, the carrier that hauls the freight is liable for the actual loss or injury to the property.
Who does the Carmack Amendment apply to?
It applies to motor carriers and freight forwarders that provide transportation under the federal law. A freight forwarder counts as both the receiving and delivering carrier (49 U.S.C. 14706(a)(2)). A broker arranges transportation and is not a carrier under 49 U.S.C. 13102. Whether a broker can be sued under this law is a question for the courts, so ask a lawyer about a broker case.
How much is a carrier liable for?
For the actual loss or injury to the property. A carrier may set rates that limit its liability to a value the shipper declares in writing, or agrees to in writing, if that value is reasonable. So read the bill of lading and the rate agreement before you ship high-value freight. Household goods follow special rules, with full value protection as the default unless the shipper waives it in writing.
How do you file a cargo claim?
Send the carrier a written claim. It must identify the shipment, say the carrier is liable, and ask for a set or knowable amount of money (49 CFR 370.3(b)). Notes of damage on a delivery receipt do not count as a claim on their own. Back it up with the bill of lading, the freight charges and the invoice (49 CFR 370.7(b)). The carrier must acknowledge it within 30 days, and pay, decline or make a firm offer within 120 days. If it needs longer, it must update you in writing every 60 days (49 CFR 370.9(a)).
How long do you have to file a claim or sue?
A carrier may not give you less than 9 months to file a claim, or less than 2 years to sue (49 U.S.C. 14706(e)). The contract may give you more. The 2 years start when the carrier tells you in writing that it denied part of the claim. An offer to settle is not a denial unless the carrier says in writing what part it denies and why. A letter from the carrier's insurer counts only if it says it acts for the carrier.
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Frequently Asked Questions
What is the Carmack Amendment?+
The federal law that makes a motor carrier liable for the actual loss or injury to the freight it hauls in interstate commerce. It is codified in 49 U.S.C. 14706.
Where is the Carmack Amendment codified?+
In 49 U.S.C. 14706, titled Liability of carriers under receipts and bills of lading. The claim steps are in 49 CFR part 370.
Who does the Carmack Amendment apply to?+
Motor carriers and freight forwarders that provide transportation under the federal law (49 U.S.C. 14706(a)). A freight forwarder is both the receiving and delivering carrier.
Does the Carmack Amendment apply to brokers?+
The law speaks of carriers and freight forwarders, and a broker is not a carrier under 49 U.S.C. 13102. Courts decide whether a broker can be sued under it, so ask a lawyer.
When was the Carmack Amendment passed?+
In 1906. The Supreme Court described it in 1913 as the Carmack amendment to the Interstate Commerce Act, made by the act of June 29, 1906.
How long do I have to file a cargo claim?+
A carrier may not give less than 9 months to file a claim or less than 2 years to sue (49 U.S.C. 14706(e)). Check your bill of lading, because it may give longer.
How long does a carrier have to answer a claim?+
30 days to acknowledge it in writing, and 120 days to pay, decline or make a firm offer. If it needs more time, it must update you every 60 days (49 CFR 370.5 and 370.9).
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This is industry terminology and typical practice. It is not legal or tax advice. Rates, fees, and rules mentioned are general ranges. Confirm the details on your rate confirmation, carrier agreement, or a current official source.