How to File a Cargo Damage Claim That Gets Paid

The paperwork sequence that separates a check from a rejection letter

Most cargo damage claims don't get denied because the damage wasn't real. They get denied because the paperwork showed up late, incomplete, or in the wrong order. Adjusters at steamship lines and drayage carriers process hundreds of these a month. Give them a reason to say no and they will.

What to Do the Day You Find Damage

The clock starts the moment you spot a problem, not when you get around to writing it up. Stop unloading. Don't touch anything else in the container until you've documented what's in front of you.

Walk the container before you walk the cargo. Photograph the seal number while it's still intact, then photograph all four sides and the roof if you can reach it. Open the doors and shoot wide angles first, close-ups second. Get a phone in every shot for scale on damaged items. A ruler works too, but most warehouse crews reach for a phone first.

  • Seal number photo before cutting
  • Container number, booking number, and B/L number written down and photographed together
  • Wide shots of the load as it sits, untouched
  • Close-ups of each damaged item
  • A signed statement from whoever discovered the damage, dated and timed

Same-day photos with phone metadata intact carry more weight than a professional shoot done three days later. Adjusters check timestamps against your delivery date. A gap between delivery and documentation invites questions you don't want to answer.

Build the Claim File Before You Write a Word

A claim moves faster when the adjuster doesn't have to chase you for documents. Gather everything into one file before you send anything.

Bill of lading Shows the cargo was accepted in the condition stated at origin. Without it, you have no baseline to compare against.
Commercial invoice Establishes the dollar value of what's damaged. A claim without a number attached sits at the bottom of the pile.
Equipment Interchange Receipt (EIR) The gate-out record from POMTOC or South Florida Container Terminal. If it shows no exceptions and your cargo arrived damaged, that points investigators toward the drayage leg or the load itself.
Photos and signed statement From the day you found the damage, not reconstructed later from memory.
Delivery order and packing list Confirms quantity and description so the adjuster can match your claim against what was shipped.

Missing even one of these documents gives the claims department an easy reason to sit on your file instead of moving it forward.

Figure Out Who You're Filing Against

Filing against the wrong party wastes weeks. The EIR usually tells you where to point the claim.

Steamship line File here if the EIR shows the damage already existed at gate-out, or the bill of lading was marked "clean on board" and the goods arrived damaged from overseas. Ocean carrier claims fall under COGSA, capped at $500 per package unless you declared higher value.
Drayage carrier File here if the EIR was clean at pickup and the damage shows up at delivery. Truck claims fall under the Carmack Amendment, which covers full value, not a flat cap.
Your own cargo insurance File a notice regardless of who's ultimately liable. Most policies require notification within 24 to 72 hours of discovery, separate from your claim against the carrier.

If you can't tell where the damage happened, file with both the steamship line and the drayage carrier at the same time. Withdraw one once the investigation narrows it down. Filing late against the wrong party while you sort things out costs you a deadline you don't get back.

Write the Claim Letter

Skip the story. Adjusters want five things in the first paragraph: container number, bill of lading number, date of discovery, description of damage, and a dollar amount. Everything after that is supporting detail.

  • Lead with the numbers: container, booking, B/L. Not a narrative of what happened
  • State the dollar amount up front, backed by the commercial invoice
  • Attach photos as a labeled set, not a random folder dump
  • Reference the EIR number if the terminal logged anything relevant
  • Request a claim reference number in your first email so you have something to track

A vague claim that says "cargo damaged, amount to be determined" tells the reader you haven't finished your homework. Send it back to the bottom of the queue, where it will sit until you follow up.

The Follow-Up That Actually Moves Claims

Filing the claim is step one. Getting paid takes follow-up most importers skip.

Get it in writing Confirm receipt of your claim within a few days. No confirmation means it may have landed in a queue nobody's watching.
Know their clock Drayage carriers must acknowledge a claim within 30 days and resolve it within 120 under the Carmack Amendment. Steamship lines don't have a fixed federal response window, so track your own calendar instead of waiting on theirs.
Call instead of emailing A phone call to the claims department after two weeks of silence moves files that email alone won't touch. Ask for the adjuster's name and direct line on the first call.

Log every call and email with a date. If the claim ends up in dispute or arbitration, that log becomes proof you pursued it in good faith and on time.

What to Do When They Deny It

A denial letter isn't the end of the process. It's usually a request for something specific the adjuster thinks is missing.

  • Read the denial reason line by line. Most cite a specific missing document or a liability dispute, not a blanket rejection
  • Resubmit with the exact document requested rather than resending your entire original file
  • If the denial disputes liability, provide the EIR or gate record that supports your version of where the damage happened
  • Escalate to a supervisor in writing if the second submission gets no response within two weeks
  • Check your suit deadline before you spend more time negotiating: one year for ocean carrier claims, two years after a Carmack denial for truck claims

Most disputes resolve at this stage once the missing piece gets filled in. Filing suit is expensive for everyone involved, and claims departments would rather pay a documented claim than fight one in court.

At One A Trucks, we hand drivers a damage checklist before every pickup so the EIR and photo record exist from the moment the container leaves the terminal. That paper trail is what turns a maybe into a paid claim.

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