How to Sue a Moving Company in Arkansas?

All commercial vehicles that transport passengers or haul cargo across state borders are required to have a USDOT number issued by the federal Department of Transportation (USDOT). They must also register with the Federal Motor Carrier Safety Administration (FMCSA).

Thirty-eight states also require that a moving company have a USDOT number in order to do commercial moving services within their state. Arkansas is not one of them. The state of Arkansas does not require any registration or licensing of commercial moving companies.

As noted above, a move to or from a state other than Arkansas is regulated by the Federal Motor Carrier Safety Administration (FMCSA). In an interstate move, a moving company must provide its customer with a written estimate of total charges or a guaranteed total price. If a person works through a broker and the broker gives them an estimate, the estimate must be in writing.

If the federal Carmack Amendment applies, and it does apply to all interstate moves, it effectively limits the liability of moving companies. Specifically, the damages that a moving company must pay if a customer’s belongings are damaged or destroyed is an amount equal to the value of the loss of the goods.

In order to ensure that the Carmack Amendment applies, a moving company must issue a receipt or bill of lading for the property that it transports. The moving company is responsible for any damage to belongings that it has transported. The owner does not have to prove that the carrier has been negligent in any way to establish the liability of the moving company.

The carrier may avoid liability by proving that one of the exceptions to Carmack liability applies if one of the following circumstances caused the damage:

• An act of God
• The act of a public enemy
• An act or default by the person shipping the items
• The act of a public authority
• The inherent nature of the goods shipped.

The statute of limitations for a Carmack Amendment claim is 9 months from the date of the loss. The parties to an interstate moving agreement are able to change the provisions of federal law that apply to a move. They can also change liability for entities in the chain of transport. The parties would want to be sure to put their agreement in writing.

A person might have experienced a significant loss from a clear fraud, e.g., the moving company collects a large deposit and disappears without providing any service. If that is the case, they would want to talk to a local Arkansas lawyer. Their lawyer might advise them to report their experience to law enforcement as they may have been the victim of a crime. Then, they could discuss the possibility of suing the moving company for damages.

What a person does if they experience a problem with a moving company would depend on the nature of the problem and the type of move, whether interstate or intrastate. The first step would be to notify the moving company about any problems. A person should submit a complaint in writing to their moving company as soon as they learn about the problem.

A person may also file a complaint with the appropriate federal agency if their move was an interstate move. They would contact the Federal Motor Carrier Safety Administration (FMCSA, Office of Motor Carrier Analysis, 1200 New Jersey Avenue SE, Washington DC 20290, call 1-888-368-7238, or visit their website.

However, the FMCSA does not resolve claims. They might obtain a settlement offer from the moving company. If a person is not satisfied with the offer, they would want to file a lawsuit.

It may also be possible, on occasion, to join a class action lawsuit against a moving company. In one reported class action lawsuit, the customers alleged that a moving company ran a scheme in which it held their invaluable family heirlooms hostage after loading them onto their moving vans. The moving company then demanded that their customers pay cash ransoms amounting to a thousand dollars to get the return of their property.

The customers sought $5 million in damages, alleging that the moving company held their property ransom. When they paid the ransom, their belongings were returned in a damaged condition, and some items were never returned.

The type of lawsuit a person may file would depend on the unique facts of their situation.

Who Regulates Moving Companies?

The state of Arkansas does not regulate moving companies. So, federal agencies are the only authorities that regulate moving in Arkansas. A person would look to the FMCSA’s database of registered movers to find out if a prospective mover is licensed by the FMCSA.

The U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate moving companies that do interstate moves. The FMCSA licenses moving companies that move people from one state to another.

In addition to licensing moving companies, the FMCSA is in charge of formulating and enforcing safety regulations for interstate moving companies, as well as trucking companies, bus companies, and people who hold commercial driver’s licenses. The FMCSA requires all moving companies to have a USDOT number and to comply with federal safety regulations.

When moving out of state, a person can check the USDOT number of a moving company by going to the FMCSA website at the following web address:

• https://safer.fmcsa.dot.gov/CompanySnapshot.aspx?kbid=93121

It is true that the FMCSA and USDOT regulate interstate moving companies only. However, a person may still check out the USDOT number of their intrastate mover to learn its status and get useful background information about the company.

If a person hires a moving company, the company is responsible for the belongings that it moves. In fact, if a person is making an interstate move, federal law requires the moving company to offer 2 kinds of moving company insurance policies or coverage. A person wants to ask their moving company if it offers 2 kinds of insurance policies, what they cover, and what they cost.

If a person plans to move themselves, perhaps by renting a truck, their renters or homeowners insurance policy might cover their belongings if they are lost or damaged. A person would want to check with their renter or homeowners insurance company before they make the move to confirm whether they have coverage, what it covers, and what the policy limits are.

A person would also be wise to consult with local consumer protection agencies or the Better Business Bureau to see if other consumers have made complaints about a particular company.

What Are The Remedies a Person Can Recover from a Moving Company?

If the move is an interstate move, then the Carmack Amendment limits the action that a person can take against the interstate mover and the remedy that a person may recover, as noted above.

In an interstate move, a customer is limited to recovering the value of the actual loss or damage to the property caused by the moving company. So, damages for non-economic losses would not be available in a Carmack claim involving an interstate move. A person also has to file a lawsuit in federal court.

If the move is an intrastate move within Arkansas a person would turn to traditional common law actions. They might sue a moving company for breach of contract, breach of warranty, negligence, or fraudulent misrepresentation. In most cases, a person would want to recover money damages to compensate them for their economic losses. For example, they might seek compensation for lost belongings or expenses they incurred because of a delay in delivery.

If a person were to sue for negligence or fraudulent misrepresentation and the facts of their case justify it, they might also recover an award of money for non-economic damages, such as emotional distress, pain and suffering, or even possibly punitive damages.

It is always important to remember that a person must have evidence to prove their losses, both economic and non-economic.

What Kind of Lawyer Do I Need to Sue a Moving Company?

If you have suffered losses because of poor service or worse from a moving company, you want to talk to an experienced Arkansas business attorney.

LegalMatch.com can quickly connect you to an attorney in Arkansas who can analyze the facts of your case and help you recover for your losses, either from the moving company that performed your move or the insurance coverage you had.