After freight is lost or damaged, the first useful step is to preserve and organize the facts. That does not decide who is liable, whether a claim will be paid, or what a cargo policy covers. It gives the carrier, shipper, consignee, and appropriate insurance or legal advisers a clearer record to review.
For interstate loss-and-damage claims, 49 CFR Part 370 sets principles and practices for claim investigation and voluntary disposition. Section 370.3 describes a written claim that identifies the shipment, asserts liability, and seeks payment in a specified or determinable amount. The records below can help preserve the factual foundation for that discussion; they are not a substitute for the applicable bill of lading, contract, policy, or professional advice.
Start with a dated loss file
Create one file for the shipment and record the date and time the issue was discovered. Preserve the original documents and files where possible. A short timeline can identify when the freight was tendered, picked up, transferred, delivered, inspected, or reported damaged or short. Do not overwrite an original photo, message, or delivery record just to make a cleaner packet.
Identify the shipment without guessing
Place the bill of lading, rate confirmation or transportation agreement, pickup and delivery records, and shipment reference numbers together. Add the shipper, consignee, carrier, trailer or container identifier when those records use one, and the commodity description from the shipment documents. If a fact is unknown, mark it unknown rather than filling in an assumption.
Preserve condition evidence
Keep dated photographs or video of the freight, packaging, seals, trailer or container condition, and the surrounding loading or delivery area when available. Retain delivery receipts, exception notations, inspection reports, temperature records for temperature-controlled freight, and any loading or unloading record relevant to the event. Record who created each item and when it was received.
Keep communications in sequence
Save the first notice of loss or damage, emails, messages, inspection requests, and responses with dates and senders. A plain chronology is more useful than a reconstructed narrative written much later. Keep communications about mitigation or salvage with the related shipment records, but do not characterize the messages as an admission of liability or coverage decision.
Separate the claim amount from the coverage question
A written cargo claim may need a specified or determinable amount under 49 CFR 370.3. Keep invoices, repair estimates, product value support, freight charges, inspection reports, and any itemized calculation with the file so the amount can be reviewed. The amount claimed, the carrier’s responsibility, and the policy response are separate questions. Contract terms, shipment facts, endorsements, exclusions, and applicable law can affect them.
Know what the carrier-side process is designed to do
Section 370.7 addresses investigation of claims. A carrier should preserve the evidence that can be reviewed rather than rely on a memory-based summary. If the event may involve a cargo-policy question, organize the factual file before asking an insurance professional to explain the policy documents. For general background on the service, see LST’s motor truck cargo insurance guide.
Bring focused questions to the right review
Before a discussion, list the practical questions: Which shipment records are missing? Who needs to inspect the freight? What documents does the agreement require? Which policy documents or endorsements should be reviewed? LST can discuss general motor truck cargo insurance planning questions. A carrier should use qualified legal and claims professionals for conclusions about liability, contract rights, or a specific claim.
Frequently asked questions
What should be in an initial cargo-loss file?
Start with shipment-identifying documents, a dated timeline, condition evidence, delivery or exception records, and the first related communications. Keep original files when possible and label missing information as unknown rather than guessing.
Does documenting damage mean the carrier accepts liability?
No. Preserving facts is not the same as deciding liability. The bill of lading, transportation agreement, shipment facts, and applicable law can matter. Use qualified claims or legal professionals for conclusions about a specific loss.
Does a cargo policy automatically pay the amount in a written claim?
No. A claim amount and insurance coverage are separate issues. The policy terms, endorsements, exclusions, shipment facts, and other documents must be reviewed before anyone can determine a policy response.
Why keep delivery records and photos together?
They can help establish what shipment was involved, when the issue was discovered, and what condition was documented. Keeping them in one dated file makes a later factual review more reliable than relying on memory alone.
Sources: 49 CFR Part 370, U.S. Government Publishing Office; 49 CFR 370.3; 49 CFR 370.7. For general trucking insurance planning questions, contact LST Insurance.
