When a customer has any type of issue with an Alabama moving company, they may be able to sue that company for damages. If a customer does have to file a lawsuit against an Alabama moving company, it will likely be based on a breach of contract for the moving company not fulfilling their obligations under the contract.
When a customer files a claim against a moving company, they will be required to prove certain things, such as:
- Their belongings were, in fact, in good condition when the moving company took possession of them
- Their belongings were either never delivered or were damaged when they were delivered by the moving company
- The damage that was done to the customer’s belongings can be calculated as well as monetarily valued
A customer may need to hire a moving company to help them move their property. The customer should keep a copy of the moving contract they signed as well as any other types of documents related to their move, such as additional insurance they purchase.
In many contracts, including in moving contracts, there may be a clause that requires the parties to the contract to resolve any disputes that arise using a type of alternative dispute resolution (ADR) called arbitration instead of filing a case in court. All potential customers should review any contracts carefully before signing them.
An attorney can also review any contracts to ensure that they will be in the best interests of the potential customer to sign. Additionally, a customer’s attorney can explain any clauses or language that they do not understand completely.
What Are Moving Company Scams?
It is unfortunate, but there are some moving company scams that will be perpetrated on potential customers and customers to try and take more of their money. These scams will often begin when the company provides a potential customer with an estimate that is lower than average for moving companies in that same location and nearby locations.
When moving scams happen, the customer will agree to the lower rate offered. After this happens, the moving company will increase that rate in order to complete the move and will state that the customer’s belongings will not be delivered unless they pay the new higher price.
The company or individuals who are running the scam may state that more items were included in the move than were originally quoted or that the belongings provided were heavier than what was originally quoted. In these situations, the moving company will inform the customer that they will be required to pay additional fees or their property will not be unloaded.
A moving company customer should be aware that if they do not provide an inventory of their belongings at the beginning of the process that is as honest and as accurate as possible, the company is allowed to add additional fees to their moving cost. If an Alabama resident has concerns regarding a moving company contract, a moving company, or suing a moving company for damages, they should consult with a local Alabama lawyer.
Who Regulates Moving Companies?
A moving company may be regulated by an agency at the state level, federal level, or both. If a customer’s move crosses state lines, the moving company will be regulated by state agencies, the Federal Motor Carrier Safety Administration (FMCSA), and the United States Department of Transportation (USDOT).
The FMCSA is the federal agency that creates and enforces regulations for interstate moving companies, trucking companies, and other types of companies and individuals. It also governs other aspects of the moving company industry, for example:
- Providing licenses to moving companies so they can operate as motor carriers for customer’s household goods
- The safety of:
- motor vehicles
- drivers
- equipment
- Consumer protections, including a moving company’s:
- Preparation and handling of:
- Estimates
- Orders for service
- Bills of lading
- Recordkeeping
- Weighing shipments
- Payment, collection, and billing practices
- Compliance with arbitration requirements
- Cases where moving companies will not deliver the customer’s possessions
- A complaint that is filed against a moving company by a customer
- Investigating a moving company
- Enforcement action
When a customer moves to a different location within the same state, the moving company is governed by a state agency. The name of the state agency may be different in each state but may include:
- Public utilities commissions
- Departments of transportation
- Consumer services departments
What Steps Should I Take When Preparing for Hiring a Moving Company?
Moving at any stage in life can be stressful, even with help from professional moving companies. Moving companies are hired for many different reasons, such as:
- Lack of assistance from friends and family
- Needing assistance from professionals to carefully handle belongings
- Needing assistance from professionals to move large pieces of furniture.
If an individual is considering hiring a moving company for help, they can take certain steps to ensure their move goes smoothly, they do not fall victim to a moving scam, and their property is handled carefully, including:
- Asking for referrals
- Getting additional insurance coverage that will cover more property value than the moving company insurance policies that moving companies have to give customers under federal law
- Take pictures of all of their belongings
- Seek out a company that owns its own truck or trucks
Are There Remedies You Can Have against a Moving Company?
There can be different remedies a customer may be able to seek against a moving company when issues come up during a move. As noted above, claims against moving companies are usually breach of contract claims.
Because this is the commonly used type of claim, usually breach of contract damages will be those requested. Monetary damages, or compensatory damages are commonly awarded in these cases.
Compensatory damages, as their name might imply, are meant to compensate the moving company customer for the loss or damage to their belongings. If the customer was moving so they could start a new job or lost income for another reason due to issues with the moving company, they could also request compensation for their lost income.
No matter what issue an individual has to what they think the value of their damages might be because of a moving company, it is essential that they consult with a local lawyer to get advice on the best way they can resolve their issue and obtain compensation.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have any issues, concerns, or questions as a moving company customer related to your move, it is essential to consult with an Alabama business attorney for information and advice on the proper steps they should take when the moving company loses, damages, or refuses to deliver belongings. If many different customers have problems with a moving company, it may be possible to file a class action lawsuit against a moving company.
LegalMatch can help you locate a lawyer in your area who can help with your moving company issues. It is important to have legal representation in these types of cases, especially when the issue is with a larger moving company, as they may not cooperate with the request and may even have their own attorneys on staff.
To find a licensed and pre-screened lawyer in your area who is ready to help with your case, just submit your question on the website, and you will get answers in around 24 hours from attorneys who are ready to help.
