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If an international shipment is lost or damaged, document its condition before moving it, make a specific written reservation at delivery when possible, and notify the insurer and transport provider promptly. Don't wait to decide who is at fault. An insurance claim, carrier or freight-forwarder claim, seller claim, and marketplace dispute can have different rules and deadlines.

This article is for U.S. consumers and businesses handling international shipments. The transport contract, route, mode, governing law, sales terms, and insurance policy may point to another country's rules. This is general information, not legal advice.

First identify the claim route

Collect the relevant contracts before filing. More than one party may need notice.

Claim route What controls it Useful evidence Important limit
Cargo insurance Policy, certificate, insured value, exclusions, and deductible Policy, certificate, photos, survey, invoices, proof of loss Payment is limited to covered losses and the policy's valuation terms
Carrier or freight forwarder Bill of lading, waybill, booking terms, and applicable transport law Transport records, delivery condition, tracking, notices, survey Liability may be limited by convention, contract, package, or weight
Seller or retailer Sales contract, delivery terms, and agreed Incoterm Purchase order, invoice, payment record, shipping terms Risk may have transferred before the damage occurred
Marketplace or platform Its dispute, refund, and buyer-protection rules Order page, messages, tracking, delivery evidence Platform deadlines can be separate from legal deadlines

A first-party cargo policy may cover a covered loss without requiring proof that the carrier was negligent. That doesn't mean every loss is covered: exclusions, deductibles, valuation provisions, and proof-of-loss requirements still apply. A carrier claim usually requires evidence that the loss occurred while the carrier was responsible for the goods, along with evidence of the amount claimed.

Notify the insurer and carrier at the same time when both may be involved. Tell each party that the other claim exists. An insurance notice doesn't automatically extend a carrier's deadline, and a carrier investigation doesn't necessarily preserve an insurance deadline.

What Incoterms do and do not decide

Incoterms allocate responsibilities, delivery points, costs, and risk between a seller and buyer. They don't replace the bill of lading, create a universal refund right, or set every carrier-claim deadline.

Under Incoterms 2020, only CIF and CIP require the seller to arrange cargo insurance:

A CIF shipment therefore shouldn't be assumed to have the broadest protection. Ask for the insurance certificate, insured amount, claims contact, and actual policy wording.

Deadlines are separate from notice

A cargo dispute can involve at least three deadlines:

Check the bill of lading, waybill, insurance policy, sales contract, and carrier terms. Ask the carrier in writing for the last day to submit a valid claim and whether the notice must go to a particular address or portal.

For a U.S. domestic motor-carrier leg, a nine-month claim-filing period is a key example under U.S. motor-carrier claims rules. That period doesn't automatically apply to an international ocean shipment, and the claim may still need specific documents. The UK P&I Club's overview of U.S. time bars provides secondary context on why the claim type and governing law matter.

Don't assume that opening a customer-service ticket, notifying a freight broker, or waiting for an insurer's investigation preserves a lawsuit or arbitration deadline. Put every deadline on a calendar and get any extension in writing.

Evidence to save after cargo is lost or damaged

A strong claim normally addresses four questions:

  1. What was shipped?
  2. What condition was it in before and at delivery?
  3. What happened while it was being transported?
  4. What was the loss worth?

1. Record the cargo before moving it

For visible damage, photograph or video:

Keep the original files and avoid editing them. Include a timestamp if your device provides one. A short note stating when and where each image was taken can make the record easier to use.

If the shipment is missing, request written confirmation of non-delivery. Save the last tracking scan, proof of tender, warehouse or terminal records, delivery attempts, and any proof-of-delivery document the carrier provides.

2. Make a specific delivery reservation

Record visible damage on the delivery receipt, proof of delivery, equipment interchange receipt, waybill, or other handover document before signing. Describe the condition and quantity precisely:

A note such as "subject to inspection" may be less useful than a description of the actual condition. If the driver or terminal won't let you add a reservation, record that refusal if possible, photograph the cargo, and send written notice to the carrier immediately.

A clean signature doesn't necessarily end every claim, especially where damage was concealed. It can make the condition at delivery harder to prove, so report concealed damage as soon as it's discovered.

3. Preserve shipping and value documents

Keep copies of:

A bill of lading can help establish the contract, shipment details, and receipt of cargo. It doesn't, by itself, prove that the cargo arrived undamaged or establish the cause of a loss.

4. Build a timeline

Create one chronological file covering:

  1. Packing and handover
  2. Container loading and sealing
  3. Pickup and port or terminal arrival
  4. Vessel, flight, rail, or road movement
  5. Delays, holds, inspections, or route changes
  6. Delivery, or the point when non-delivery became clear
  7. Damage discovery and notice
  8. Inspections, repairs, disposal, or settlement discussions

Save emails, text messages, portal messages, tracking screenshots, temperature alerts, and call notes. After a phone call, send a short email confirming what was discussed and ask the recipient to correct anything inaccurate.

For refrigerated cargo, preserve temperature data, alarm records, reefer logs, and loading and unloading times. If a port closure, strike, weather event, or customs hold affected the shipment, save official notices and carrier alerts rather than relying only on a general news report.

5. Arrange an inspection when needed

Ask the insurer and carrier for inspection instructions before repairing, discarding, repacking, or selling damaged goods. An independent survey can document the extent of damage, possible cause, packaging, seals, and salvage value.

Don't let the cargo deteriorate further while waiting for a response. Take reasonable protective steps, keep the receipts, and document why the action was necessary. For food, chemicals, medical goods, or unsafe cargo, follow safety rules and request written disposal or handling instructions.

What each document proves

No single document normally proves an entire cargo claim.

Evidence It may help establish It doesn't prove by itself
Bill of lading or waybill Contract, route, cargo description, and receipt Destination condition or carrier fault
Delivery receipt or EIR Condition and quantity at handover Exact cause of damage
Photos and survey report Physical condition and extent of loss Which party is legally liable
Invoice and packing list Contents and purchase value Amount an insurer or carrier must pay
Tracking and operational logs Movement and custody timeline Condition at every point in transit
Insurance certificate Covered party, amount, and policy reference That the loss falls within covered risks
Emails and call notes Notice, promises, and admissions A completed formal claim unless the terms accept it

Tracking records help establish movement, but a "delivered" scan doesn't prove that the right person received the goods or that they were in good condition. A carrier's damage code is evidence to preserve, not a final decision on liability.

How to file a cargo claim

Step 1: Protect the cargo and evidence

Separate damaged goods, preserve packaging and seals, and prevent additional damage. Don't sign a release, accept a final settlement, or authorize disposal before understanding what it covers.

Step 2: Send prompt written notice

Notify the carrier, freight forwarder, seller when appropriate, and insurer. Include the shipment number, delivery date or expected delivery date, location, short description of the loss, and a request for inspection instructions.

A notice can be brief:

Subject: Notice of cargo loss or damage - [shipment number]

I am the [shipper, consignee, or insured] for [description of goods]. The shipment was [delivered damaged, partially missing, or not delivered] on [date] at [location]. The visible issue is [specific description].

Please confirm the formal claim deadline, inspection instructions, and documents required. I'm preserving the cargo, packaging, and records and reserve my rights under the applicable contract and policy.

This notice is a starting point, not necessarily a complete formal claim. Ask what additional information is required and where the formal claim must be submitted.

Step 3: Request the carrier's records

Ask for the proof of delivery, delivery photographs, seal records, weighing records, terminal handover records, inspection report, and temperature or tracking data. If the carrier says the shipment was delivered, request the recipient name, signature, delivery location, and time.

For a missing shipment, ask for the result of the carrier's trace investigation and a written explanation of the last confirmed custody point.

Step 4: Calculate the loss carefully

Separate each item in the calculation:

Attach invoices, receipts, repair estimates, and proof of payment. Don't assume that lost sales, production downtime, or expected profit is recoverable under a carrier contract or cargo policy. Check the relevant terms before including those amounts.

Step 5: Submit a formal claim package

A clear package should include:

Number the attachments and keep the originals. Request a claim number and confirmation that the submission is complete.

Step 6: Document the response

Keep a log of every response, request, inspection, offer, denial, and promised payment date. If the carrier or insurer denies the claim, ask for the exact contract or policy clause, the factual basis, and the evidence relied on.

What may limit a carrier payout

The invoice value isn't automatically the amount a carrier must pay. Depending on the transport mode and route, liability may be affected by:

Sea, air, road, rail, and multimodal transport can be governed by different regimes. Rules such as the Hague-Visby framework may matter for certain sea movements, while road legs can be governed by different national or international rules. Don't copy a deadline or liability limit from one mode onto another.

If a carrier relies on a limitation, request the precise clause and an explanation of how it applies to your shipment. Compare it with the transport document, declared value, and any mandatory law that may override contract language.

Cargo insurance versus a carrier claim

Cargo insurance protects the value of the goods under the policy. A carrier claim depends on the carrier's contractual or legal responsibility. You may need to notify both even if you ultimately recover from only one.

A first-party cargo policy can respond to a covered loss without requiring proof of carrier negligence, but the policy still controls the covered risks, exclusions, deductible, valuation, and required documents. For example, Maersk's cargo insurance information describes first-party coverage that doesn't require the customer to prove carrier negligence and explains that provider's claims process. It's an example of one provider's policy and procedure, not a promise that every cargo policy has the same terms.

If an insurer pays, don't seek recovery for the same loss without telling the parties involved. Give the insurer your carrier correspondence and disclose any carrier settlement offer. The policy may contain recovery and cooperation requirements.

Where U.S. shippers can escalate

Use the escalation route that matches the problem:

  1. Carrier or freight forwarder: Request a written claim decision and the applicable contract clause.
  2. Insurer: Use the policy's claims appeal or complaint process and request a written explanation of any denial.
  3. Seller or retailer: If the seller promised delivery, insurance, or a refund, send the purchase records and shipping evidence through its stated complaint route.
  4. Marketplace: Check its separate delivery or buyer-protection deadline.
  5. Federal Maritime Commission: For a U.S. ocean common-carrier charge that may violate the Shipping Act, the FMC complaints and assistance page explains the difference between CADRS assistance, charge complaints, and other processes. The FMC also describes a small-claim option for qualifying Shipping Act claims of $50,000 or less. This isn't a substitute for every cargo-damage claim, insurance appeal, court action, or arbitration.
  6. Court or arbitration: Check the bill of lading, booking terms, and sales contract for the required forum. A court or arbitration deadline can run while customer-service discussions continue.

For a high-value loss, disputed jurisdiction, suspected fraud, or threatened vessel or cargo seizure, obtain qualified legal advice before signing a release or allowing a deadline to expire.

Common mistakes that weaken a claim

Start by putting the bill of lading, delivery record, insurance certificate, invoice, photos, and written notices in one folder. Mark the notice, formal-claim, and suit or arbitration deadlines separately, then send a specific written notice to the insurer and the party responsible for the cargo when the loss occurred.