You may be able to sue the moving company after filing a claim with the company itself. If a moving company damages your belongings, you're not powerless. The first thing to do is file a complaint with the transport company, since the fact that a sofa breaks or a box is missing may represent a broken promise under the contract you signed (breach of contract). You should collect the photos, delivery receipts and all the messages you exchanged on the day of the move, since each document serves to prove that your items were in good condition and arrived dented, scratched or didn't arrive not at all.
The contract itself is also important, as it confirms that the moving company agreed to protect everything they loaded into the truck. Consider filing a small claims lawsuit against a moving company to recover any damages they may have caused you. Small claims courts deal with a variety of issues that may relate to your dispute with a moving company, including property damage or a breach of contract. Next, we'll look at how to sue a moving company, or an interstate moving company, for damages in small claims court.
In general, a moving company is responsible if they lose or damage a customer's household belongings during the move. In this situation, the customer can file a claim with the moving company to seek financial compensation for the loss or damage. If the moving company denies the claim, in whole or in part, the customer may need to file a lawsuit or initiate arbitration to obtain compensation. In addition, in this situation, it may be necessary for the client to hire an attorney. What type of lawyer do I need to sue a moving company? You need a consumer protection lawyer or a lawyer hired to sue a moving company.
If the case involves property damage or breach of contract, an attorney who specializes in contracts can help. In the case of personal injuries due to negligence, consult a personal injury attorney. Gathering all of your evidence from the start about your problems with the moving company will be extremely important once you decide to sue the moving company later on. However, if moving companies refuse to cooperate or continue unfair practices, litigation may be necessary. To sue a moving company in small claims court, you usually need to know if the moving company operates as an individual or as a corporation or LLC.
The Federal Motor Carrier Safety Administration website has a database of all federally licensed moving companies and contains their real names and addresses. The FMCSA states that moving companies that engage in interstate transportation of household items must comply with the Arbitration Program of the FMCSA. If a customer opts for full protection, the moving company may require them to let them know when high-value items will be part of the customer's shipment. You'll explain to the judge some background on how you're suing a moving company that moved you from one place to another, what they did wrong, and how you calculated how much they owe you.
However, what do you do if something goes wrong during your move? If you have been harmed after using a moving company, consider suing the moving company in small claims court. Under section 14706 (f) (, moving companies can limit their maximum liability for household items that have been lost, damaged, destroyed, or that have not been delivered to their final destination by any reason). For example, in New York small claims, you can only sue a moving company in small claims if the moving company has an office in New York. The Carmack Amendment only applies to moving companies that do interstate removals (moving from one state to another).
When you hand over the couch, the glassware and the box that says “fragile”, you're trusting that the moving company will bring it all to you in one piece. Some state small claims courts, such as those in California, require that before you sue them, you ask the moving company to pay you for what you intend to sue. Having the right “moving company” attorney helps you resolve these complex issues and, potentially, obtain compensation for your losses. A moving company only estimates the weight of a person's belongings and the time it will take for the move to complete.
