Windshield Cracked During Transport: Who Pays

Your car came off the transport truck with a cracked or chipped windshield. The driver says it was pre-existing. The broker says it's not their problem. Your own insurance wants to know if it happened "during transport." Here's exactly how to handle this — including the specific law that protects you.

Who is responsible for windshield damage during transport?

The carrier — the trucking company that physically transported your vehicle — is responsible under the Carmack Amendment (49 U.S.C. § 14706), a federal law governing freight transport liability. Under Carmack, a carrier is presumed liable for damage that occurs between pickup and delivery unless they can prove:

• The damage was pre-existing (documented on the pickup Bill of Lading)
• The damage was caused by an "Act of God" like a severe storm
• The damage was caused by the inherent defect of the vehicle itself

If none of those exceptions apply, the burden is on the carrier to disprove liability — not on you to prove it.

The pre-existing damage defense

The most common carrier defense is claiming the windshield was cracked before transport. This is why your pickup Bill of Lading is critical. At pickup, the driver should have noted all pre-existing damage including any windshield chips or cracks. If your pickup BOL shows no windshield damage — and the delivery BOL shows a crack — you have documentary evidence the damage occurred in transit.

If you photographed your windshield before pickup (which you should always do), those photos timestamp-stamp the absence of damage and are powerful evidence.

Open transport and road debris

Windshield chips from road debris are the most common damage type in open transport — where your vehicle is exposed on an open carrier truck. Carriers often try to blame these on "Acts of God" or inherent risks of open transport.

However, courts have generally held that road debris damage in open transport is not an "Act of God" — it is a foreseeable risk of the transport method, and carriers accept liability for it when they accept the load. "You chose open transport" is not a valid defense to a Carmack Amendment claim.

What to do at delivery

• Inspect the windshield before signing anything. Check from multiple angles in good light. Small chips can be hard to see quickly.
• Note the damage on the Bill of Lading before signing. Write specifically: "Crack/chip in windshield — not present at pickup." Make the driver initial it.
• Photograph the damage immediately with timestamps visible.
• Do not sign the BOL as "received in good condition" if there is damage.
• Get a repair estimate from a windshield replacement company before leaving the delivery area if possible.

Filing the claim

Under the Carmack Amendment, you have up to 9 months to file a written damage claim with the carrier. However, file as soon as possible while the evidence is fresh.

Your written claim should include:

• Copy of pickup BOL showing no pre-existing windshield damage
• Copy of delivery BOL with damage noted
• Photos from before pickup and at delivery
• Repair estimate (windshield replacement typically $200–$700 for standard vehicles)
• Your demand for the repair cost

Send via email and certified mail to both the carrier and the broker.

If the carrier denies your claim

If the carrier denies liability, your next steps:

• File an FMCSA complaint — denial of a valid Carmack claim is a regulatory issue
• File in small claims court — windshield replacement is typically within small claims limits in all states
• Check your auto insurance — many comprehensive policies cover windshield damage with no deductible; your insurer may subrogate against the carrier