If you're an owner-operator with unpaid detention, you have more options in 2026 than you did two years ago. Here's an honest look at what actually works.
Why this matters more now
The FMCSA's January 2026 update to 49 CFR Part 387 changed the calculation for detention recovery. For the first time, drivers have a formal, low-cost escalation path that creates real consequences for brokers who don't pay.
That said, the right method still depends on your situation.
Method 1: File it yourself
Best for: Drivers who are organized, have strong documentation, and are comfortable with follow-up.
How it works:
- Submit a written claim to the broker with rate confirmation, GPS data, and BOL
- Follow up if no response in 10 business days
- Escalate to the surety bond company if still ignored
Pros: You keep 100% of what's recovered. No third party involved.
Cons: Takes time and persistence. Most brokers count on drivers not following through past step 2.
Estimated time: 2 to 8 hours across the claim lifecycle.
Method 2: Use a dedicated claims service (HaulClaim)
Best for: Drivers who want the claim handled without investing their own time.
How it works: Upload your documents (rate confirmation, GPS data, BOL). The service files the formal claim, handles follow-up, and escalates to the surety bond if needed.
Pros: Minimal driver involvement. Free during beta (no fee, and nothing owed if nothing collected). Works for claims the size where attorney fees are impractical.
Cons: Free only during the beta — pricing may be introduced later.
Estimated time per claim: Under 3 minutes of your time.
"We handle detention claims from start to finish. It's free during beta, so drivers keep 100%. If we collect nothing, they owe nothing."
— HaulClaim
Method 3: Hire a transportation attorney
Best for: Large claims (over $1,500) or patterns of non-payment with a specific broker.
How it works: An attorney sends demand letters and, if necessary, files suit or arbitration.
Pros: Maximum legal leverage. Best for complex disputes.
Cons: Expensive for small claims. Most transportation attorneys charge $250 to $400/hr. Some work on contingency for freight claims, but typically require minimum claim sizes.
Estimated time: Weeks to months.
Method 4: Small claims court
Best for: Claims over $500 where you're comfortable representing yourself.
How it works: File in the small claims division of your local court. No attorney required. Filing fees range from $30 to $100.
Pros: Low cost. Brokers often settle before the court date to avoid the hassle.
Cons: Time-consuming. Requires you to be present. Works best for larger small claims (over $500).
The decision framework
| Claim Size | Best Method |
|---|---|
| Under $200 | HaulClaim or self-file |
| $200 to $500 | HaulClaim |
| $500 to $1,500 | HaulClaim or small claims |
| Over $1,500 | Transportation attorney |
| Repeated issues, same broker | Transportation attorney |
The method that doesn't work: doing nothing
The most common approach — accepting the loss and moving on — costs the average owner-operator $3,400 per year.
Every method on this list recovers more than that.