Meaning
Statutory framework establishing a uniform regime of liability for interstate motor carriers regarding the loss or damage of property during shipment. The carmack amendment eliminates the need for shippers to prove negligence by the carrier and instead creates a standard of strict liability. It applies to carriers and freight forwarders involved in interstate commerce within the United States.
Liability Standard
Carriers are responsible for the full actual loss or injury to the property caused by any carrier involved in the transport. Exceptions exist for acts of God, public enemies, government authority, the act of the shipper or the inherent nature of the goods. This framework ensures that the shipper has a clear path to recovery without navigating varying state laws.
Claim Process
Shippers must submit a written claim within nine months of the delivery or the expected delivery date to preserve their rights. Filing a lawsuit must occur within two years from the day the carrier provides written notice that the claim is denied. This timeline forces a rapid resolution to disputes over damaged freight.
Loss Limitation
Liability limits often include provisions in carrier tariffs that restrict total financial exposure per pound or per package. These limitations are valid if the carrier provides the shipper with a choice of rates that includes a higher level of protection for an additional fee. The carmack amendment governs the validity of these liability caps in the event of a total loss.