Car Shipper Damaged My Car - Can I Withhold Payment?
The answer is no. The fee to ship a car cannot be held pending a claim for damage. Damage and loss claims against a carrier must be pursued independently of the contracted freight fees.
Pursuant to the Interstate Commerce Act (49 U.S.C. § 10761) and related administrative rulings, carrier freight fees cannot be withheld or delayed in payment of any claim of damage or loss. Even if a claim is valid, claims arising from damage or loss during shipment will not be paid until freight charges are paid.