What should you do if you have a dispute with your mover? Will you need to sue them? If you do need to sue, how will that work?
Part of avoiding a dispute with a mover is understanding some common issues to prevent these things from happening. Nobody wants to get into a lawsuit if they can prevent it.
Lawsuits are a significant expense where the lawyers usually make out the best.
Although hiring movers can save you a lot of work, there are certain risks to hiring a professional moving service.
Things can go wrong, and disputes with movers probably happen more often than they should.
It is necessary to know how to avoid moving disputes and resolve them if they arise if you hire a moving company.
In the home sale process, the move is probably the number one cause of anxiety with most folks.
Moving can be a dreadful experience; at times, just the thought can keep people from jumping to a new property.
Knowing how to be prepared for moving can be half the battle when trying to simplify your life.
Once you are packing your home and ready for the movers to arrive, the last thing you will probably want to think about is resolving some dispute with a moving company!
Sometimes, the service will be so bad that tipping the movers isn’t warranted.
Below, you will see some of the best advice on avoiding the most common problems with moving companies. If you can’t solve your problems, you’ll learn how to sue a moving company.
Common Moving Disputes
Damaged Or Lost Items
Moving is tough, and it is hard sometimes to avoid damaging things as you move. Fragile items are especially susceptible. Although the movers you hire are supposed to be professionals and take all appropriate precautions, something can get broken or lost.
You must know this possibility and take appropriate steps to minimize your risk.
When you hire the mover, you can purchase Full Value Protection for your things. The protection will cost extra, but it ensures that if anything is damaged or lost, the insurance will comprehensively cover the cost of the item.
You will sign a Waiver of Full Value Protection if you do not want to pay for this coverage. You will still be given some compensation for damaged or lost items, but only 60 cents for each pound.
When you consider that your flat-screen television could weigh 40-50 pounds, you can see how this particular coverage is not adequate for the needs of most people.
Not too long ago, I had sold real estate in Franklin, MA, and unfortunately, the owner found out they had some missing items when the truck was unloaded. These sellers, however, had moved numerous times and realized just how crucial moving insurance could be.
Take Photos of Your Belongings
You should take photos of your things before the move so you have records to show the insurance company if anything is damaged. According to the U.S. Department of Transportation, you have nine months to submit a claim after completing the move. But remember that the moving company will need time to address the claim – 30 days to acknowledge it and 120 days to determine a settlement.
Movers are human beings, just like any other business. There can and will be mistakes made. Most of the time, these mistakes are not intentional. Having photos becomes vital if you need to prove to the moving company exactly what your property looked like before it becomes damaged.
Be especially careful to photograph anything expensive. Murphy’s Law says this is what the movers will end up damaging! Below is a list of intelligent things to do to minimize your chances of avoiding major problems with a moving company, especially those who disagree with you!
Smart Moving Checklist
- Make sure you carefully look over everything for damage as you unpack.
- Immediately list anything you find has been damaged or is missing altogether.
- Photograph anything you have found that is damaged.
- Get a handle on the replacement cost for lost or damaged items.
- Contact the moving company for a claim form, fill it out, and return it immediately with your list and photographs. Make copies of everything for your records.
- Contact your insurance company and let them know what is happening.
Hostage Shipments
It may seem like the plot for a movie. Still, there are actual instances of movers keeping the possessions of customers hostage until the owners pay an additional fee beyond their initial payment.
The term “hostage shipments” is an official one used by the federal government to refer to this act. The movers may show up at your door and tell you they will keep your things or sell them if you don’t pay them more money.
These kinds of unscrupulous movers can usually be avoided by conducting sufficient research before hiring a moving company. You can look at reviews and at Better Business Bureau ratings to see if people have had previous issues with the mover you hire.
Going with the least expensive moving company may not be the best idea if they have a lousy track record. While something like this is rare, it is wise to Google any moving company you consider hiring.
If there is any bad press about the particular company, you will indeed find it.
If a mover does try to hold your things hostage, there is recourse. The Federal Motor Carrier Safety Administration has a Consumer Complaint Hotline that you can call at (888) 368-7238.
The federal organization claims to respond to hostage shipments as quickly as possible so that you can expect some resolution.
Late Deliveries
Another problem moving company customers sometimes encounter is late delivery of their possessions.
When you think of late delivery, you may imagine your things arriving a few days late. Unfortunately, sometimes the delays can be much longer – perhaps even a month or more.
Multiple recorded instances of moving companies taking much longer to deliver than they say they will. Not all companies are guilty of this, of course.
If you are careful about who you hire and ensure they are well-rated by multiple sources, you will probably not need to worry about ridiculously late deliveries.
It is crucial that you consider that such delays could happen. Knowing this, avoiding putting anything on the moving truck you need badly makes sense.
If you need certain things for your work, like your computer, you may be better off taking them in your car rather than putting them on the moving truck.
If you wind up in a situation where the movers have not delivered your belongings when they said they would, you should contact the company and get an explanation. They may only be held up by something unavoidable.
But suppose the delays extend beyond what you consider reasonable or the moving company stops answering your phone calls.
In that case, you can place a complaint with the Federal Motor Carrier Safety Administration at the above number.
Do Your Proper Research to Avoid Moving Disagreements
One of the best ways to avoid a dispute with a moving company is to research them properly. Checking a moving company’s references is imperative!
While we have mentioned Google as a good place to start, another helpful avenue could be Yelp, which also publishes reviews of others who have used a specific company’s services.
The moving industry also has an excellent site to check up on moving companies. This website will inform you whether the company is appropriately registered with the U.S. Department of Transportation.
Other helpful information includes safety ratings, contact information, complaints, and registration status.
Avoid Problems Through Proper Preparation
Once the movers load your things into the truck and drive off, there is not much you can do but wait and hope for the best. But before you hire someone, you can do your research and ensure you hire a respected mover with a history of taking care of customers and their things.
You should also consider taking Full Value Protection if moving anything of substantial value. And suppose you do wind up in a situation where you feel the movers are treating you poorly. In that case, you can always contact the Federal Motor Carrier Safety Administration and file a complaint.
By taking precautions, you will surely be able to avoid some of these common disputes with your moving company.
How Can Moving Disagreements Be Settled?
If you cannot resolve the dispute with your mover, there are a few options. You could certainly hire a lawyer and pursue legal action. Another option is to try mediation. The moving industry has a program to try to resolve disputes between customers and moving companies.
The arbitration program is known as AMSA arbitration. The fee for using their services is typically split between the mover and the client. Sometimes moving companies will offer to pay for it as well.
When that doesn’t work, suing the moving company may be necessary.
How to Sue a Moving Company
Legal action may be necessary when a moving company fails to meet its obligations. I will guide you through filing a lawsuit against a moving company. These are the steps you will need to take to sue.
I recommend you have a moving lawyer familiar with these kinds of cases. Moving lawyers involved in these cases will know exactly what course of action to take.
Suppose you decide to initiate legal proceedings in your state. In that case, it is crucial to serve or send the necessary legal documents to the process agent representing the movers in that state.
A process agent serves as the official representative of the mover for receiving court papers. To find the process agent in your state, go to The Federal Motor Carrier’s website for process agents.
Understanding Your Contract
- Review the Agreement: Examine your contract for service terms, liability limits, and dispute resolution procedures.
- Identify Breaches: Pinpoint specific contract terms the company violated.
- Gather Evidence: Compile emails, texts, and photos to prove breach and damages.
Assessing Damages
- Document Losses: Record all items damaged or lost during the move.
- Estimate Values: Determine the monetary value of your losses.
- Consider Emotional Distress: In some cases, you can claim for stress caused by the company’s actions.
Attempting Resolution
- Contact the Company: Reach out to resolve the issue amicably.
- Submit a Formal Complaint: If initial contact fails, send a detailed complaint to the company.
- Use Mediation Services: Consider mediation as a cost-effective way to settle.
Preparing for Legal Action
- Consult an Attorney: Get legal advice, especially for significant claims.
- Understand Jurisdiction: Determine if your case should be filed in small claims court or higher court.
- Collect Documentation: Organize contracts, communications, and evidence of damages.
Filing a Lawsuit
- File a Complaint: Submit a legal complaint in the appropriate court.
- Serve the Company: Legally notify the moving company of the lawsuit.
- Prepare Your Case: Work with your attorney to gather witnesses and solidify your argument.
In Court
- Present Your Case: Clearly explain the breach, show evidence, and articulate damages.
- Respond to Defense: Be ready to counter the company’s arguments.
- Understand Judgments: Know that a court’s decision is final unless appealed.
Suing a moving company involves careful preparation and understanding of legal processes. With the right approach, you can seek justice for breaches of contract and damages.
What Are The Most Common Reasons For Suing a Moving Company?
- Damaged Goods: Movers mishandle items, causing breakage or harm.
- Lost Items: Valuables go missing during transit or storage.
- Late Delivery: Movers fail to deliver belongings within the agreed timeframe.
- Overcharging: Companies add unexpected fees, vastly inflating the initial quote.
- Unfulfilled Services: Promised services, like packing or assembly, are not provided.
- Breach of Contract: Movers do not adhere to the terms outlined in the agreement.
- Fraudulent Practices: Companies operate without proper licensing or insurance, misleading customers.
- Refusal to Compensate: Movers deny responsibility for damages or losses, avoiding fair compensation.
Final Thoughts
Let’s face it: moving is one of the worst aspects of buying and selling a home. It is a lot of work. The right moving company can make or break your experience.
Doing as much research as possible before committing to a mover makes sense. Check around with family and friends for any excellent references.
The more you know about a particular moving company, the better odds you’ll have of avoiding a moving disagreement with them.
Additional Helpful Moving Articles
- What are the best tips on downsizing your home for a move – get helpful advice when going from a larger to a smaller home via Xavier De Buck at Massachusetts Real Estate News.
- What to leave behind when moving – are there some things you know that you’ll have no use for in your next house? See some items you may want to consider leaving for the new owners.
Use these additional articles to make wise moving decisions and simultaneously relieve some of the stress associated with moving.
About the Author: The above Real Estate information about moving company disputes, including suing a mover, was provided by Bill Gassett, a Nationally recognized leader in his field. Bill has expertise in mortgages, financing, moving, home improvement, and general real estate.
Learn more about Bill Gassett and the publications he has been featured in. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-625-0191. Bill has helped people move in and out of Metrowest towns for the last 37+ years.
Are you thinking of selling your home? I am passionate about real estate and love sharing my marketing expertise!
I service Real Estate Sales in the following Metrowest MA towns: Ashland, Bellingham, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northborough, Northbridge, Shrewsbury, Southborough, Sutton, Wayland, Westborough, Whitinsville, Worcester, Upton, and Uxbridge MA.
