Fun fact – 1.7 million packages are lost or stolen in the United States every day. That’s about 620 million packages per year according to a 2023 report by Security.org.

Obviously, that is a terrible fact, but it’s also an unavoidable one. So it begs the question: “who is liable when a package is lost in the mail?”

In this article, we want to take a moment to discuss that. Specifically, how you can be sure the package is lost, how you can determine who is responsible, and – ultimately – what you can do about it.

For the purposes of this article, we will be speaking to the recipient/customer and their point of view. Bear this in mind if you are the seller.

When Was the Package Lost in the Mail and Who’s Responsible?

First things first, you want to make sure your package is actually lost. Check the tracking information and confirm that the answer to the following three questions is “no”:

  1. Is the package still out for delivery?
  2. Did the package wind up at a neighbor’s house by mistake?
  3. Has the package been delayed because of the weather?

If the answer to all the above is “no” and the package is more than, say, four or five days late, then it’s probably lost. In fact, you may have even had your package stolen by a porch pirate.

By now, with your package well and truly lost, you’re ready to find the responsible party. So where do you turn?

As a general rule of thumb, if you don’t see any evidence to suggest otherwise, the seller or shipper is responsible. If a package is marked as delivered and you have not seen it, then the seller is responsible. The exception is that if a package is actually lost prior to being marked delivered.

What Can You Do About It?

Okay, so at this point, you know the seller is responsible. You will want to contact them directly first.

Please note that while the seller is responsible, they may not have actually caused your package to be lost. They are just your first point of contact.

In any case, a lot of big sellers will send you a replacement item. No big deal, easy fix. In fact, it’s become rare to see situations where this doesn’t happen.

The seller, may in turn contact the shipping company to file a claim. This is especially true if they have shipping insurance. If their packages are insured, when they file a claim for a lost one, they can be reimbursed for the loss. Sellers may file a claim based on the carrier who delivered the package:

What if the Seller Does Nothing?

First, let us reiterate – most big sellers will send you a replacement item. No big deal, easy fix. In fact, it’s become rare to see situations where this doesn’t happen.

But if the seller is unresponsive or refuses to help, don’t worry—you still have options. First, if you paid by credit card, you can contact your card issuer and file a chargeback. Many credit card companies offer protection against lost or undelivered items, allowing you to dispute the charge and potentially get your money back.

Another option is to check if you purchased through an online marketplace like Amazon, eBay, or Etsy. These platforms typically offer buyer protection programs that can assist you in cases where the seller isn’t cooperating. You can file a claim through the platform, and they may intervene on your behalf to ensure you receive a refund or replacement.

If you made your purchase through PayPal, you could also use their Purchase Protection program, which offers similar recourse for lost or undelivered goods.

If you choose to do this, it’s best to make sure you have a receipt and a copy of any communication you have had with the seller. This should help support your claim.

Final Thoughts

When in doubt, contact the seller. They can usually help you when your package is lost in the mail. If the carrier is truly the one at fault, the seller can often receive reimbursement through shipping insurance.

If you are the seller, remember that a small percentage of your items will inevitably be lost in the mail. Have a plan in place for dealing with situations like that so you’re not caught off-guard. When in doubt, assume as much responsibility as you can. If the costs start to add up, look into shipping insurance.

It is more often the seller’s responsibility, whether or not it is their fault. First contact the seller as they might be willing to send you a replacement item. Then either you or the seller will most likely file a claim with whoever delivered the package, which is why shipping insurance can be very important.