A cause of action for a freight damage claim, a rate overcharge, a claim for damages resulting from a delay in transportation, or a claim for a lost shipment against a common carrier shall be barred unless it is filed with a court having jurisdiction of the amount in dispute within two years after the date such action accrues. A cause of action for a rate overcharge accrues on the date the overcharge is paid. A cause of action for a freight damage claim, damages resulting from a delay in transportation, or a shortage in a shipment accrues on the date of delivery or tender of delivery of the freight by the common carrier. A cause of action for a lost shipment accrues on the date the lost shipment was delivered to the common carrier.
§ 25-226.Cause of action against a common carrier; limitation.
Article 2: Limitation of Actions · Last amended 1991 · Last verified July 22, 2026
In one sentenceThis section bars a freight damage, rate overcharge, transportation delay, or lost shipment claim against a common carrier unless filed within two years, with the clock starting on payment for overcharges, on delivery or tender of delivery for damage or delay claims, and on delivery to the carrier for a lost shipment.
Full Text of § 25-226
Source
Laws 1967, c. 479, § 20, p. 1485; R.S.1943, (1990), § 75-802; Laws 1991, LB 14, § 1.
Plain-English Summary
Freight and shipping disputes against a common carrier move on a two-year clock under section 25-226, but the section is precise about when that clock starts, since the answer depends on the type of claim being made. A freight damage claim, a rate overcharge claim, a claim for damages from a delay in transportation, and a claim for a lost shipment are all covered, and each has its own accrual trigger.
A rate overcharge claim accrues on the date the overcharge was paid — the two years starts running the moment the customer pays too much, not when the rate was set or the shipment occurred. A freight damage claim, a delay-in-transportation claim, or a shortage-in-shipment claim accrues on the date of delivery, or tender of delivery, of the freight by the carrier. A lost shipment claim accrues on the date the shipment was delivered to the carrier in the first place, since there’s no later delivery to the customer to mark the date instead.
Frequently Asked Questions
How long do I have to file a freight damage claim against a common carrier in Nebraska?
Two years after the claim accrues, which for a freight damage claim is the date of delivery or tender of delivery of the freight.
When does the two-year clock start for a lost shipment claim?
On the date the shipment was delivered to the common carrier, since a lost shipment never reaches a later delivery date to the customer.
What about a rate overcharge — when does that claim accrue?
On the date the overcharge was paid, not on the date the rate was applied or the shipment occurred.
Does this section cover claims for delays in transportation?
Yes. A claim for damages resulting from a delay in transportation is covered, accruing on the date of delivery or tender of delivery of the freight.
Where do I have to file a claim under this section?
With a court having jurisdiction of the amount in dispute, within two years of the applicable accrual date described in the section.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: nebraska common carrier claim deadlinefreight damage claim statute of limitationslost shipment claim time limit nebraskarate overcharge deadline nebraskashipping delay claim deadline nebraska