Joyner Brokerage — Liability & Claims Handling Policy
1. Purpose
This Liability & Claims Handling Policy ("Policy") describes the liability framework applicable to freight brokered by Joyner Transportation & Logistic Services LLC ("Joyner") and the procedures for filing, investigating, and resolving freight claims. This Policy supplements and is incorporated into the Joyner Broker-Carrier Agreement and the Broker-Shipper Agreement.
2. Joyner's Role & Broker Liability
Joyner acts as a licensed property freight broker in arranging transportation. Joyner is not a motor carrier and does not assume carrier liability for freight loss, damage, or delay under the Carmack Amendment (49 U.S.C. § 14706). Carrier liability under the Carmack Amendment attaches to the motor carrier transporting the freight — not to Joyner as broker.
JOYNER'S LIABILITY AS BROKER FOR FREIGHT LOSS, DAMAGE, OR DELAY IS LIMITED TO CIRCUMSTANCES WHERE JOYNER'S OWN NEGLIGENCE IN CARRIER SELECTION OR VETTING DIRECTLY CAUSED OR CONTRIBUTED TO THE LOSS, DAMAGE, OR DELAY — FOR EXAMPLE, WHERE JOYNER SELECTED A CARRIER WITH A KNOWN UNSATISFACTORY SAFETY RATING OR WITH LAPSED CARGO INSURANCE. IN SUCH CIRCUMSTANCES, JOYNER'S LIABILITY IS LIMITED TO THE LESSER OF THE ACTUAL LOSS OR THE BROKERAGE FEE PAID FOR THE AFFECTED SHIPMENT.
Joyner will make reasonable efforts to assist Shippers in filing and pursuing freight claims against the responsible Carrier. However, Joyner's assistance in the claims process does not increase Joyner's own liability beyond the limits described above.
3. Carrier Liability for Freight Loss & Damage
Motor carriers transporting freight under Joyner's brokerage are liable for freight loss and damage under the Carmack Amendment (49 U.S.C. § 14706) from the time the carrier takes possession of the freight at origin through delivery to the consignee. Carrier liability under the Carmack Amendment is subject to the following:
- Full actual loss: Carrier is liable for the actual value of the lost or damaged freight unless a released value has been agreed in the rate confirmation or bill of lading
- Released value: Where a released value rate has been agreed (e.g., $0.10/lb for certain commodity types), Carrier's liability is limited to that rate regardless of the actual value of the freight
- Carmack defenses: Carrier is not liable for loss or damage caused by: acts of God; acts of the public enemy; acts of the shipper; inherent vice or natural deterioration of the freight; or public authority
4. Filing a Freight Claim
4.1 Who Can File
Freight claims may be filed by the Shipper or, where the Shipper has assigned its claim rights, by the consignee or cargo insurer. Joyner will assist the claimant in filing the claim against the responsible Carrier.
4.2 Filing Deadlines
- Visible loss or damage: Note the damage on the delivery receipt at the time of delivery and file a written claim within thirty (30) days of delivery
- Concealed damage: File a written claim within fifteen (15) days of delivery — concealed damage discovered after this period may be denied by the Carrier
- Total loss (non-delivery): File a written claim within nine (9) months of the scheduled delivery date
- Delay claims: File a written claim within sixty (60) days of actual delivery
Claims filed after these deadlines may be denied by the responsible Carrier. Joyner strongly encourages prompt claim filing to preserve Shipper's rights.
4.3 How to File
Submit all freight claims in writing to claims@myjoyner.com with the subject line "Freight Claim — [Load Reference Number]." The claim submission must include:
- Joyner load reference number and bill of lading number
- Shipper and consignee names and contact information
- Description of the loss or damage, including quantity and condition of affected freight
- Date and location of delivery (or scheduled delivery for non-delivery claims)
- Photographs of damaged freight and packaging — required for all damage claims
- Copy of the signed delivery receipt noting any exception or damage
- Commercial invoice or other documentation establishing the value of the lost or damaged freight
- Repair estimates or salvage value documentation where applicable
5. Claims Investigation Process
Upon receipt of a complete claim submission, Joyner will:
- Acknowledge receipt of the claim within two (2) business days
- Forward the claim to the responsible Carrier within five (5) business days
- Coordinate with the Carrier's claims team to ensure the claim is processed in accordance with applicable federal regulations (49 C.F.R. Part 370)
- Follow up with the Carrier on the claim status on Shipper's behalf
- Communicate Carrier's determination and any settlement offer to Shipper
Under applicable federal regulations, Carriers must acknowledge a freight claim within thirty (30) days of receipt and must either pay, decline, or make a settlement offer within one hundred twenty (120) days of receipt of a complete claim. Joyner will advocate on Shipper's behalf throughout this process.
6. Claim Disputes & Denied Claims
If a Carrier denies a freight claim or offers a settlement that Shipper believes is inadequate, Shipper may:
- Request that Joyner escalate the dispute with the Carrier's claims management team
- File a complaint with the FMCSA where the Carrier's denial appears to violate applicable federal regulations
- Pursue legal action against the Carrier directly — legal action must be commenced within two (2) years of the Carrier's written claim denial
Joyner will provide Shipper with the Carrier's claims contact information and relevant documentation to support Shipper's independent pursuit of a disputed claim. Joyner's assistance in the claims process does not make Joyner a party to any legal action between Shipper and Carrier, except where Joyner's own negligence in carrier selection is at issue.
7. Cargo Insurance Recommendations
Carrier cargo insurance limits may be insufficient to cover the full value of high-value shipments. Joyner strongly recommends that Shippers shipping high-value freight consider obtaining all-risk cargo insurance through a licensed cargo insurer. Cargo insurance provides broader coverage than carrier Carmack liability and is not subject to Carmack defenses. Joyner can assist in connecting Shippers with cargo insurance providers upon request.
8. Carrier Non-Payment of Claims
Where a Carrier has been found liable for a freight claim and fails to pay the approved claim amount within a reasonable time, Joyner may, at its discretion:
- Offset the claim amount against amounts owed to the Carrier for outstanding load payments, with written notice to Carrier
- Suspend the Carrier from Joyner's brokerage network pending payment of the outstanding claim
- Assist Shipper in pursuing the Carrier's cargo insurance bond or filing an FMCSA complaint
Joyner's ability to offset claim amounts against Carrier payments is subject to Carrier's right to dispute the claim determination. Offsets will not be applied where a claim is under active good-faith dispute.
9. Governing Law & Dispute Resolution
All disputes arising out of or relating to this Policy are subject to the Joyner Arbitration & Dispute Resolution Policy. This Policy is governed by applicable federal transportation law, including the Carmack Amendment, and to the extent state law applies, by the laws of the State of Georgia.
10. Contact
Freight claims: claims@myjoyner.com | Brokerage inquiries: brokerage@myjoyner.com | Joyner Transportation & Logistic Services LLC | Atlanta, Georgia.
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