Can I sue FedEx for a lost, damaged, or stolen package?
Yes, but a federal law caps how much you can recover. Federal law (called the Carmack Amendment) covers shipments that crossed state lines. The default coverage is just $100 per package — unless you paid extra for 'declared value' protection at the time of shipping, which raises the cap up to the amount you declared. Stolen packages have extra wrinkles. Small claims is the right court when the loss is within your state's cap.
What kinds of FedEx claims can you sue for?
Three common patterns. Carmack governs interstate; state law for intrastate.
How much can you claim?
Carmack Amendment caps recovery. Document declared value carefully.
Illustrative ranges based on statute. Your actual recovery depends on facts, evidence, and the judge.
Declared value (if purchased)
Full replacement up to declared amount. Receipt establishing the declared value at shipment.
Default $100 limit (Carmack)
Without declared value, FedEx liability is $100 per package. Federal law caps regardless of actual value.
Filing fees, interest
Filing fee, service-of-process cost, pre-judgment interest.
Declared value $800 plus filing fee. Without declaration, capped at $100.
Send a demand letter after FedEx claim fails.
FedEx claim process is required first. After denial, demand letter and small claims.
Send a Demand Letter.
- Tracking number
- Shipping receipt with declared value
- Photos of damage if applicable
- FedEx claim outcome
- A 14-day deadline
- Sent certified mail to FedEx claims department
942 South Shady Grove Road, Memphis, TN 38120
On March 14, 2026, I shipped a package via FedEx (tracking #4218456789) with declared value of $800. Package arrived damaged 03/22/2026 (photos attached). I filed FedEx claim 03/24/2026; denied 04/15/2026.
Pursuant to Carmack Amendment, 49 U.S.C. § 14706, I demand within fourteen (14) days:
- Reimbursement of $800 in declared value (per shipping receipt);
- Reimbursement of $200 in filing fee and interest.
“The letter alone got them to settle in under two weeks.”
How to file a FedEx case.
Four steps. FedEx claim first; small claims as backup.
Required first step under Carmack Amendment. File at fedex.com/claims. Resolution typically 30 to 90 days.
Original shipping receipt showing declared value. Without it, the $100 cap applies.
Cite Carmack Amendment. Most cases settle to avoid court.
If demand fails, file. FedEx is a national company; service via registered agent in your state.
What evidence do you need for a FedEx case?
Tracking, shipping receipt, and damage photos establish the case.
Common FedEx defenses, with rebuttals.
Three arguments cover most cases.
Keep it simple. Organized records, clear timelines, and solid evidence are your best defense.
How much do shippers actually recover?
Recovery limited by declared value. Most settle through FedEx claims.
FedEx Package rules, by state.
Top 10 states by case volume, highlighted in red. Each row shows that state's deadline to sue and statutory penalty for this claim.
What if your case is over your state’s cap?
Small claims caps vary state to state. If your claim is larger, you have two options.
Stay in small claims and forfeit anything above your state's cap. Fast, cheap, no lawyer. Most plaintiffs in this situation pick this.
Pursue the full amount in regular civil court. Slower, costlier, lawyer recommended.
What are the alternatives to small claims?
FedEx claim first; small claims as backup.
When it fits: any FedEx shipment loss or damage. File at fedex.com/claims.
Tradeoff: FedEx decides; capped by declared value.
When it fits: credit card purchase that was lost or damaged in shipping. Some cards extend purchase protection.
Tradeoff: issuer decides.
When it fits: FedEx claim denied or undervalued. Damages within state cap.
Tradeoff: 30 to 90 day timeline. Carmack governs interstate.
Recover the shipment loss.
FedEx claim first. If denied, demand letter and small claims under Carmack Amendment.
Illustrative. Carmack Amendment caps recovery; declare valuable items.
This page is general legal information about online seller disputes, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in your state for advice about your specific situation.
FedEx Package questions.
The questions buyers actually ask before filing.
Can I sue FedEx for a lost or damaged package?
Yes, but recovery is limited by the Carmack Amendment. Default liability is $100 per package; declared value protection (extra cost at shipment) increases coverage. File FedEx claim first; small claims if denied.
What is declared value?
Optional protection purchased at shipment that increases FedEx's liability up to the declared amount. Without declaration, $100 cap applies. Always declare value for items worth more than $100.
What is the Carmack Amendment?
Federal law (49 U.S.C. § 14706) governing interstate carrier liability for loss or damage. Default coverage is $100 per package; declared value increases coverage. Federal law preempts state law for interstate shipments.
What about porch pirates?
Once FedEx delivers (recipient signature or door-tag delivery), their liability ends. Stolen packages from porches are theft. File police report; some renters/homeowners insurance covers stolen packages.
Can I sue FedEx for damage from poor handling?
Yes if your packaging met published guidelines. FedEx is liable for damage during transit. Photos of original packaging compared to damaged box establish carrier responsibility.
How long do I have to file?
FedEx claim: 9 months from shipment for most claims. Lawsuit after FedEx denial: 2 years. Move fast; concealed-damage claims have 60-day window.
Can I sue for lost shipping cost?
Limited. FedEx claim refunds shipping cost on lost packages but not always on damaged ones. Small claims can recover shipping under breach of contract for non-delivery cases.