How to note damage on the bill of lading

Note the damage on the delivery bill of lading before you sign. Use plain words, on the copy you keep. Do not sign a blank damage section, and do not sign a statement that the car is in the same condition as pickup if you have not walked around it. The note is evidence. It is not the claim. This is general information, not legal advice.

What you are writing on#

The bill of lading, for a carrier subject to 49 CFR 373.101, is the receipt for the property. It has to name the consignor and the consignee, the origin and destination, the number of packages, a description of the freight, and the weight, volume, or measurement if that is how the freight is rated. A car shipment's condition diagram is industry practice on top of that list. The field-by-field reading is how to read a bill of lading. Your note goes in the condition or exception area, not in the margin where a copier will cut it off.

There are two moments.

• At pickup, note damage that already exists. That is pre-existing damage. If it is not on the origin copy, delivery will look like the trip caused it.
• At delivery, note damage that was not on the origin copy. This is the note people skip because they want the keys.

How to write the exception#

Use one line per mark. A useful line has the panel, the kind of damage, and a size.

• "Driver front door, scratch, about 3 inches, horizontal, not on pickup diagram."
• "Windshield, star crack, passenger side, lower corner. Not on origin notes."
• "Roof not inspected by me. Too dark to see. No roof exception waived."

Initial each line. Ask the driver to initial them too. If there is a diagram, mark the same spot on the diagram and write "see notes" so the picture and the words stay tied. Photograph the page after the words are on it and before anyone leaves.

If a pre-printed sentence says the vehicle was received in good condition, or "no exceptions," strike that sentence, write "except as noted above," and initial the strike. Do this on every copy, not only yours. If they will not let you write on their copy, write on yours, photograph both, and call the company on the contract while the driver is still there. What the driver asks you to sign separates a condition report from a new price. Do not trade a clean damage box for a lower price, and do not trade a signature for the keys without looking.

What the note does not finish#

49 CFR 370.3(c) says notations of damage on delivery receipts, standing alone, are not a claim. The claim is a written communication that identifies the shipment, asserts liability, and demands a specified or determinable amount of money, filed inside the time in the contract (49 CFR 370.3(b)). Send that letter even when the note is perfect. The steps are how to file a damage claim.

49 USC 14706(a), in the 2023 Code edition, says a carrier subject to that section is liable for actual loss or injury to the property, and that failure to issue a receipt or bill of lading does not remove the liability. It also allows agreed limits in subsection (c), for property other than certain household goods, when the value is in writing and is reasonable under the circumstances. Your note does not raise that limit. It records the condition. The limit is still the contract. Read it in what insurance covers a shipped car.

A short script at the curb#

1. Walk the car with the origin notes in your hand. The photo order is what to photograph before pickup. Use it again at delivery.
2. For each new mark, write the line above. Do not let the driver summarize it as "minor scratch" unless you add the panel and the size.
3. Strike any blank or "clear" language you do not mean.
4. Sign, then photograph the signed pages.
5. The same day, email the carrier and the broker the photos and say a written claim for a dollar amount will follow the repair estimate. That email is not the claim unless it states the amount. It does put them on notice that the note exists.

If you see the damage only after the driver has left, follow what to do the day you see damage. Do not wait until Monday if the contract counts calendar days.

Tick the note, the photos, and the claim letter on the shipping checklist so the note does not become the last thing you do. The glossary entry for the form is bill of lading.