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You just moved into your new home, and everything is perfect. The movers were on time, the furniture was placed perfectly, and not a single item was damaged. So, what could go wrong? Well, it turns out that there are a lot of things that can go wrong when you move. And if you’re not careful, you could end up suing the moving company. In this blog post, we will explore some of the most common reasons why people sue a moving company. From hidden fees to damaged belongings, workers from moving companies NYC will cover everything you need to know to avoid being taken advantage of by your moving company.

When can you sue a moving company?

When it comes to moving, there are a lot of things that can go wrong. So, for example, if you are moving to Long Island and you decided to hire some random moving company instead of moving companies Long  Island. The next thing that happens is that your belongings get damaged or lost during the move. And now you may be wondering if you can or can’t sue the moving company. So, there are a few instances where you may be able to sue a moving company:

Photo of a wooden gavel.
A lot of people are not actually sure if they can sue a moving company.
  • If your belongings are damaged or destroyed due to the negligence of the movers.
  • If your belongings are stolen by the movers.
  • If the moving company fails to deliver your belongings on time.

If you believe that the moving company is at fault for any of these issues, you should contact a lawyer to discuss your legal options.

What should you know before suing a moving company?

Yes, suing a moving company is always a great idea. But is it always the best choice? You see, moving companies are not regulated by any local or state governments. They’re in fact regulated by the Interstate Commerce Commission. Under ICC regulations, so long as your contract is with a local mover instead of one located in another state and goods cross over state lines, then interstate law will apply. What this really means is that even if you hire a local NYC moving company to move goods from New York to Chicago, if your goods cross over state lines, then the federal government’s regulations will apply and not those of local or state law. Many people choose not to sue movers because they assume that any court case would be too much for a federal judge to take.

It is complicated but possible

It all seems quite complicated. And starting even a common small claims dispute will mean a lot of headaches for you. And that’s why it’s always best to consult with the Federal Motor Carrier Safety Administration. They work with many different agencies in preventing and reducing motor carrier accidents.

And can help you a great deal. But, you can still sue your moving company. And you can even do it in your local court. The agreement will be subject to the federal rule. But there are many instances where you will want to bring your argument with the moving company too.

How to prove the moving company is at fault

If you’re planning to sue a moving company, you’ll need to prove that the company was at fault for the damages or losses you incurred. To do this, you’ll need to gather evidence that shows the company was negligent in its duties.

A lawyer behind the scenes
Before suing your moving company, gather all the relevant documents.
  1. Start by requesting a copy of the “bill of lading” from the moving company. This document should list all of the items that were moved, as well as their condition before and after the move. Compare the two lists to identify any items that were damaged during the move.
  2. Next, take photos of any damage that occurred during the move. Be sure to date these photos so there’s no question about when the damage occurred.
  3. You should also get in touch with any witnesses who saw the damage occur. Ask them to write down what they saw and provide their contact information in case you need to call on them as witnesses later on.

Once you have all of this evidence, you’ll be able to show that it was the moving company’s negligence that led to the damages or losses you incurred. This will increase your chances of success in court.

What to do if you want to sue a moving company

If you want to sue a moving company, there are a few steps you need to take. First, research the company and make sure they are licensed and insured. Next, get an estimate in writing from the company. Once you have the estimate, sign a contract with the company. Finally, if the move goes bad, file a complaint with the Better Business Bureau or your state’s Attorney General’s office. In cases when you can’t settle the dispute with movers, you need to know which actions you should take. And whether these actions will actually be beneficial for you.

Moving company policies on suing

When it comes to suing a moving company, there are a few key things to keep in mind. First and foremost, it’s important to understand that each company has its own policies and procedures in place regarding this process. As such, it’s best to contact the company directly to inquire about their specific policy on suing.
That said, there are a few general tips to keep in mind when considering taking legal action against a moving company.

Three lawyers talking.
Before you sue your moving company, you must gather as much evidence as possible.
  1. First, it’s important to try and resolve the issue directly with the company if possible. Oftentimes, companies are willing to work with customers to reach a resolution outside of court.
  2. If you do decide to sue a moving company, it’s important to gather as much evidence as possible. This can include photos or videos of damaged items, receipts or quotes from other companies, and any correspondence you’ve had with the moving company in question. The more evidence you have, the stronger your case will be.
  3. Finally, keep in mind that using a moving company can be a lengthy and expensive process. If you’re unsure whether or not taking legal action is right for you, it’s best to speak with an attorney who can advise you on your specific situation.

Should you sue a moving company for damaged items?

One of the most common problems people have with moving companies is damage to their belongings. Maybe you want to move your expensive furniture. And you hired movers to transport your couch to furniture storage NYC you just rented. And it gets damaged along the way.

Since it’s an expensive item, you probably want a replacement. And you are even considering suing a moving company to get the money back.  The problem with this is the insurance policy. If you don’t pay for additional insurance for your items you are eligible to receive only a small amount in damages. And you are the one who has to prove the value of your belongings.

Insurance paper beside the lap top
By paying a little extra for insurance, you can save yourself from a lot of trouble.

To sue or not to sue?

In most cases, you are the one responsible for making sure that you are on the right side of the law. People often want to start moving as soon as possible. And so, they sign the moving paperwork without looking at it. And that’s what can cause a problem if there are any damaged items. If you don’t get extra insurance for your belongings, their value is tied to their weight. And that means that no matter how much your item costs, you’ll only get 60 cents per pound of weight.

Those cents on the dollar in most scenarios. And in that case, you have no grounds for a lawsuit. Same as when you sign a document stating that you received your belongings in good condition. Without checking everything first. It will be very hard to prove otherwise after a few days when you unpack them. But, even in those cases, problems might arise when you try to get even that small amount out of your moving company. And in those instances, you have a right to sue. Just make sure it’s worth the cost.

What can you do to avoid this?

The best thing that you can ever do is to only hire reputable moving companies. Don’t try to save a few dollars by hiring local experienced movers. It doesn’t matter if you are hiring office movers or someone to move your piano. Make sure you stick with reputable moving companies. Ones that have a long history of good relations with their customers. And make sure to carefully read the moving agreement before you sign it. That way you will know exactly what your rights are.

Scrabble tiles
By choosing only reputable companies, you will be safe!

More instances when you should sue a moving company

There are some instances when you should definitely sue a moving company. Those instances are mostly related when they are in direct violation of the moving contract or the law. Or both. So, even though you did everything in your power to avoid moving scams, you might still fall for one. And in that case, you have every right to sue. And even call the police.

Movers refuse to unload your belongings until you pay extra

There are many instances of moving frauds where movers refuse to unload your belongings. At least until you pay extra charges. They might threaten to bring your belongings back to your old address. Or to put them in storage and charge you even more for it. But, if you’ve signed a binding estimate, you don’t have to pay anything extra. As long as you were honest that is. And in those cases, the moving company is in violation of both the contract and the law. If they threaten you with extra charges and refuse to hand over your belongings, you should consider calling the police.

Belongings are stolen by the movers

If you’re hiring a moving company to help you relocate, you might think your belongings are safe in their hands. Unfortunately, that’s not always the case. In some instances, movers may steal items from your home or office. It’s important to be aware of this possibility so you can take steps to protect your belongings. Here are some tips:

  • Do your research when choosing a moving company. Make sure they have a good reputation and check online reviews.
  • Pack your valuables in a secure way. Use strong boxes from moving boxes Manhattan and tape them shut. If possible, keep them with you during the move rather than putting them on the truck.
  • Label all of your boxes clearly and inventory their contents. This will help you track down missing items if something does go missing.
  • Keep an eye on your belongings during the move. If possible, stay at your home or office until the move is completed so you can watch the movers and make sure nothing goes missing.

    Not guilty and a gavel
    Carefully explore in which circumstances you can sue a moving company before you do that.

By following these tips, you can reduce the risk of having your belongings stolen by movers and dealing with suing a moving company. However, even if you take all these precautions, there’s still no guarantee that your possessions will be safe. So it’s important to have insurance in place just in case something does go wrong during the move.

If your belongings are damaged or destroyed due to the negligence of the movers

Unfortunately, sometimes accidents happen. Especially when you are in a process of emergency moving, items can be damaged or even destroyed. If this happens and it’s due to the negligence of the movers, there are a few things you can do before you sue.

  1. First, try to get an estimate of the damage from the company. This will help you determine if filing a claim is worth your time and effort.
  2. Next, gather any documentation that you have related to the move, such as receipts, contracts, and insurance information. This will be helpful when filing a claim. If you decide to file a claim, contact your moving company’s insurance provider and file a report.
  3. Be sure to include as much detail as possible about what happened and what was damaged. Include photos if possible. The insurance company will likely want to send an adjuster to inspect the damage and determine how much they’ll cover.
  4. Once you’ve filed a claim, it’s important to stay in communication with the insurance company and follow up on the status of your claim. It can take some time to process, so be patient. In the meantime, start collecting estimates for repairs or replacements so that you’re prepared when the time comes.

    Moving company van with two workers.
    Usually, moving companies that have insurance are open to cooperating when the damage is made.

When the movers are late

Another instance when you can sue a moving company and win an argument is when the movers are late. But, for you to win an argument in court, you have to prove your losses due to their tardiness. For example, you moved to a different state for a job. And because the movers are late you had to miss a few days of work. In that case, you can sue for loss of wages.

When you have too much stuff to relocate

There are many ways you can prevent damage and go through all the trouble with movers and movers companies. Think about renting a storage space Manhattan to keep your extra stuff safe and sound, while you settle in and decide what you actually need in your new home. It is always good to make a list of what you actually need before starting to move. So, think about, how to declutter before your moving day and apply these tips that will make your life much better.

If you’ve been scammed or otherwise mistreated by a moving company, you may be wondering if you can sue them. The answer is: it depends. If the company has broken its contract with you, then you may have a case. If they’ve damaged your belongings, you may be able to sue for reimbursement. And if they’ve caused you personal injury, you may be able to sue for damages. Speak with an attorney to get more specific advice about whether or not you can sue a moving company.

 

About Author

John has been with Divine Moving and Storage in New York for nearly two decades. Starting as a young helper and climbing up the ranks to be a staple in our organization. John has the knowledge and experience to assist our clients with any move or storage related needs. You can reach John or any of our associates in NYC at 212-244-4011