Whether it be due to a change in employment or family situation, moving your household goods to a new home is as exciting as it is stressful, so it is understandable that many don’t see that moving is also a significant business transaction. While the vast majority of moves occur without any significant issues arising, in the event something goes wrong you can quickly find yourself in a complex legal process. Having an understanding of the potential legal issues involved in transporting your belongings can help ensure a smooth and secure transition, and protect you in the event your items are damaged or lost.
Like most things, having a good resolution to a dispute depends on the preparation. Start with inventorying your goods and note your high-value items. Create a detailed inventory of your belongings that you are moving, including their condition, before the move, and take photographs showing the condition of your items. This documentation is crucial for filing claims in case of loss or damage. You will also want to determine the value of your items. Also, be aware that you may need additional planning for items prohibited by movers or by law from being transported, such as hazardous materials or certain perishables.
You will want a legitimate mover who is properly licensed, registered, and insured. You can verify the mover's licensing and registration status with the Federal Motor Carrier Safety Administration (FMCSA) to ensure they are legitimate and operate legally https://www.fmcsa.dot.gov/. However, even if the FMCSA shows the carrier is registered, take a look at customer reviews, the Better Business Bureau, and any lawsuits mentioned on your choice of search engine.
Review the contract before you sign, paying close attention to details like the estimated cost, what is covered in the cost, liability coverage options, and dispute resolution procedures. Movers usually offer different levels of liability for lost or damaged items, so look at the limitations of basic carrier liability and, using the valuation of the items from the inventory you created, consider purchasing additional valuation coverage based on the value of your belongings. Make sure you note your high value items, as some movers will pay a base amount regardless of the item unless it is specified.
Make sure the contract states, and you understand, the process of filing a claim and your ability to recover in the event of accidental damage. Play the move out, assume your items are damaged, and see if you are comfortable with the claim process and what you could recover. Remember, the value of your used item is the market value, not how much it would cost you to buy a new item. You will also want to be aware of anything you may do that will waive the movers responsibility. For example, because most movers charge by the hour you may want to save time by pre-packing some items, but most mover’s contracts state that any furniture pre-wrapped or packed will not be protected by the mover’s warranty. In this case, any amount you save by pre-packing could end up costing you much more later.
Once your items arrive, be sure to inspect them and note down any damage that may have occurred. Take the time you need, because once you sign the mover’s forms stating there was no damage, you will likely be without recourse in the event you discover damage later. Hopefully, all your items arrive intact and undamaged, but what happens if that isn’t the case? The mover’s contract should outline the claim filing process for belongings that are lost or damaged. You will need to attest to the loss or damage, and likely provide proof of the claim. Fortunately, if you are dealing with a legitimate mover, they probably will have a swift procedure for claim filing and quick payment.
However, what happens if your items get damaged and you and your mover cannot agree on a claim? Many moving companies have established procedures for mediating disputes with customers, and it would be worth your time to explore these options before resorting to legal action. Ultimately, reaching a settlement with a company can be a tempting solution to resolve a dispute, but it's crucial to understand the implications before agreeing to terms.A settlement offers closure and certainty for both parties and offers a quicker and more predictable resolution than pursuing a lawsuit, which can be lengthy and uncertain. Just remember that by accepting a settlement, you will typically waive your right to sue the company for the same issue in the future. A settlement will bypass for both parties the cost and stress associated with litigation, saving you time and money. It is a common belief that a settlement from a mover will be less compensation than you could have received in court. This is not necessarily the case as the mover may also wish to save costs, preserve their customer reputation, and keep the details of the dispute private.
Make an informed decision before you decide to accept a settlement by weighing the potential benefits, costs, drawbacks, and examining the settlement terms. Remember, accepting a settlement is a personal decision, and the best course of action depends on the individual circumstances of your case. If you don’t find the settlement satisfactory, you may want to pursue other means of recovery. However, consider consulting an attorney before rejecting an offer as disputes with your mover could become complex legal matters, and the amount ultimately received may be less than expected.
If you have any questions about this article, please contact Michael Jacquez (mjacquez@setlifflaw.com) at 804-377-1262 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.
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