Legal FAQ

Under the NMFC (National Motor Freight Classification), standard freight damage claims must be filed within 9 months of the delivery date. Missing this deadline forfeits your right to recovery under the Carmack Amendment (49 U.S.C. § 14706), regardless of the merits of your claim. FreightHawk timestamps every claim packet so you have a clear record of when it was generated.

Concealed damage — damage not visible at delivery and discovered only after opening the packaging — must be formally reported to the carrier within exactly 5 business days of delivery. Failure to provide timely written notice can result in severe payout penalties or complete denial of the claim. FreightHawk's wizard includes a dedicated "Concealed Damage Report Date" field and embeds the required NMFC Item 300100 certification in the generated PDF.

No. You must retain all damaged goods, original packaging, and packing materials until the claim is fully resolved. Carriers have a legal right under the Carmack Amendment to inspect the damaged freight and its packaging to assess liability. Disposing of salvage before inspection — or before the carrier waives its inspection right in writing — can void the claim entirely. Document the salvage location in FreightHawk's Step 5 (Mitigation) to include it formally in your claim packet.

Carriers and their insurers require proof of the actual manufacturing or wholesale cost of the goods — not the retail price you charge customers. The Commercial Invoice establishes the "actual loss" basis for carrier liability under the Carmack Amendment. Submitting a retail invoice inflates the claimed value and gives carriers grounds to challenge or reduce your settlement. FreightHawk's AI extracts the exact line-item costs from your original invoice to ensure your claim is calculated on the correct legal basis.

A missing BOL weakens your claim but does not automatically defeat it. FreightHawk includes a "Missing BOL Indemnity Agreement" certification in Step 5. When checked, the generated PDF includes a hold-harmless clause stating that you will indemnify the carrier for any third-party claims arising from the missing document. This is not a substitute for the actual BOL — always request a copy from your freight broker or carrier immediately if you cannot locate the original.

The NMFC publishes specific packaging requirements for each commodity class. If a carrier can prove that goods were not packaged to those standards, they can invoke the "Act of Shipper" defense to reduce or eliminate their liability — even when the damage was clearly caused by rough handling. Checking the "Packaged to NMFC Standards" box in Step 3 adds a legal certification to your claim packet that negates this defense, provided your packaging genuinely meets the applicable NMFC item requirements.

The Carmack Amendment (49 U.S.C. § 14706) is the federal statute that governs carrier liability for loss and damage to goods shipped in interstate commerce. It establishes a strict liability standard — a carrier is liable for the full actual loss unless it can prove one of five narrow exceptions. Every FreightHawk claim packet explicitly cites the Carmack Amendment in the legal narrative because it establishes the federal legal basis for your claim and signals to the carrier's legal team that you understand your rights.