Under total value protection, the moving company is responsible for the replacement value of lost or damaged products throughout the shipment. 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.
To understand when a moving company is responsible for damages, it is necessary to examine the terms described in the bill of lading, which serves as an official contract between the moving company and the customer. This document details the moving company's responsibilities, the level of liability coverage chosen, and any limitations on what it will or will not compensate in the event of damage or loss. Moving companies are often liable when damage is due to their own negligence, for example, when they mishandle items, use inadequate packaging techniques, or fail to properly secure belongings. in the truck.
However, if the customer packed their own boxes, failed to disclose fragile items, or refused additional protection, the removal company's liability could be reduced. Usually, the moving company is responsible for any damage to the house, whether it's the one you're moving to or the one you're moving into. Long working hours, uncomfortable boxes, and heavy furniture can cause dents on drywall or scratches on the floor. In general, the moving company is legally responsible for losses or damages that occur during the transportation of your shipment and for all related services identified in the bill of lading.
The depositary of the reward must take due care of the security of the item that has been entrusted to him, taking care of the assets as a prudent man would do with his own assets. It is significant that the depositary is responsible for the loss of property that results from the theft of his servant because he is responsible for the way in which his servant performs his duties. Consequently, it doesn't matter if the servant is negligent, if the goods are stolen by a stranger, or if the servant himself steals them. Moving companies are not responsible for damages caused by natural disasters, extreme weather conditions or accidents beyond their control, unless their negligence is proven.
From the perspective of the moving company, it protects your company from ruin in the event of a major lawsuit. The STB does not require removers to use the high-value declaration form, but since the form is intended to notify removers in advance of the high-value items included in a move, removers are encouraged to use the declaration. It's frustrating that when a moving company causes damage, especially if it's significant or seems important, on the day of the move; and especially if the day of the move is also the closing day, the damage can, and probably will, cause discomfort to the buyer. For example, if a customer packages a box containing glassware and ceramics without sufficient padding and those items break during the move, the moving company may deny responsibility even if the box was handled correctly.
The extent of the moving company's liability is governed by the Land Transportation Board's published Fare Order. Liability depends on several factors, such as the moving contract, the type of coverage selected and whether the damage was due to the negligence of the moving company or to external circumstances beyond its control. Moving companies usually take all necessary precautions to ensure that, while the shipment is in their possession, no item is lost, damaged or destroyed. If the moving company does not meet this requirement, it will be responsible for any claim for loss or damage attributed to its negligence. The fact that an object is broken or lost during a move does not automatically mean that the moving company is at fault.
Moving companies are aware that damage can occur and are willing to take responsibility if they are held to account. By carefully reviewing these documents, selecting appropriate liability coverage, and understanding contractual limitations, customers can protect themselves from unexpected losses and hold moving companies to account when damage occurs. This section discusses the most common situations in which moving companies are not responsible for damages, and helps customers understand when they should take extra precautions to protect their belongings. In the same way, moving companies may not be responsible for pre-existing damages.
If an item already had scratches, cracks, or signs of wear and tear before the move, the moving company can argue that it wasn't the one who caused the damage. Many moving contracts include a force majeure clause, which protects moving companies from liability for damage caused by events such as floods, fires, storms or traffic accidents that were not due to their own negligence.
