[Your company name]
[Street address]
[City, State ZIP]
[Phone] | [Email]
[Date]
Sent by [email to the carrier's claims address / certified mail, return receipt requested]
[Carrier's legal name]
Attn: [Claims manager's name, or Claims Department]
[Claims mailing address or email]
Re: Request for reconsideration of claim [carrier's claim number], PRO [number]
Claim | Details |
|---|---|
Carrier's claim number | [Number from the carrier's acknowledgment] |
PRO and bill of lading numbers | [PRO number] / [BOL number] |
Shipment | Picked up [date] in [City, State], delivered [date] in [City, State] |
Our claim filed | [Date], for $[amount] |
Carrier's decision | [Declined in full / Offered $[amount]], by [letter / email] dated [date] |
Amount still in dispute | $[Amount] |
Dear [Claims manager's name]:
We ask [carrier's legal name] to reconsider its decision of [date] on the claim above. The decision [declined the claim / offered $[amount] against a claim of $[amount]] because, in the carrier's words, "[the reason exactly as the carrier stated it]." The shipment record does not support that reason, as set out below.
The carrier's stated reason
"[Quote the reason word for word from the carrier's letter or email.]"
[If the carrier gave more than one reason, quote each one and answer each under its own heading below.]
Why the reason does not hold
1. [Short name for the carrier's reason, e.g., "No damage noted at delivery"]
[State the fact that answers it and name the exhibit. For "no damage noted at delivery," give the date you reported damage found on unpacking and point to the photos. For "improper packaging," describe how the goods were packed and point to photos of the packaging.]
2. [Next reason, if any]
[Answer it the same way: the fact, then the exhibit.]
The carrier's obligations
Under the Carmack Amendment, 49 U.S.C. § 14706(a)(1), the receiving carrier and the delivering carrier on an interstate shipment are liable for the actual loss or injury to the property.
Under 49 C.F.R. § 370.7(a), each claim must be promptly and thoroughly investigated. [If the carrier declined without inspecting the goods or asking for documents, say so here.]
Under 49 C.F.R. § 370.9(a), the carrier must pay, decline, or make a firm settlement offer in writing within 120 days of receiving the claim. If it cannot, it must tell the claimant in writing why at that point and every 60 days after while the claim is open. [Keep this point only if the carrier missed these dates.]
What we ask
We ask [carrier's legal name] to [pay the claim in full / pay the remaining $[amount]] by [response date]. Payment may be sent to [your company name] by [check to the address above / ACH transfer].
If [carrier's legal name] keeps its decision, please tell us in writing which part of the claim is disallowed and the specific reason for each part. Please also send copies of the inspection report, the driver's notes, and any other record the decision relied on.
Documents enclosed
Our claim dated [date], with its enclosures
The carrier's decision dated [date]
[New evidence that answers the stated reason, e.g., packing photos, a packaging specification, or an inspection report]
[Any other document named above]
Sincerely,
[Signature]
[Name]
[Title]
[Your company name]
cc: [Broker, if one arranged the load] [Your cargo insurer, if you have one]
Enclosures: [Number]
Before you send: The time to sue a carrier over a cargo claim is set in the bill of lading or the carrier's rules, and federal law does not allow it to be shorter than two years from the carrier's written notice that it disallowed the claim (49 U.S.C. § 14706(e)(1)). Record that date in the Claim Deadline Log. Asking the carrier to reconsider usually does not pause that period, so if the date is close, ask a lawyer about filing suit rather than waiting for an answer. This template is for interstate shipments by truck within the United States. This is a drafting aid, not legal advice.