How to Sue a Moving Company in California

An individual may be able to sue their moving company in California after they file a claim with the company itself. The type of claim that will be filed will likely be a breach of contract claim because the company failed to live up to the terms of the agreement.

The customer will need to show that the moving company initially received their property in good condition, that the property was damaged upon delivery or not delivered at all, and that the damages are measurable. An individual should be prepared to provide a copy of the contract showing that the company agreed to move the individual’s belongings with reasonable care.

If an individual needs to go to court, this will support the claim and prove that the moving company is responsible. An individual may be able to obtain tips and information from the Federal Motor Carrier Safety Administration (FMCSA).

If the customer and the moving company cannot agree, the customer may seek an arbitration hearing before the FMCSA. The contract with the mover may require that the customer participate in arbitration before they are permitted to file a legal action in court against the moving company.

Part of the responsibility of the moving company to the customer is to provide them with a FMCSA pamphlet that details:

• How to reach an agreement about pick up and delivery;
• How the mover must collect charges;
• How the mover must handle complaints and inquiries; and
• How to resolve disputes with the mover.

Unfortunately, moving company scams do occur. These schemes may occur when a moving company provides a below-market estimated rate for handling the move.

Once the consumer has agreed to the rate, the moving company will inflate the costs and refuse to deliver their belongings until the customer pays the higher price. A mover may also falsely tell the shipper that they had more items than anticipated or that the items weighed more than quoted.

The mover will then tell the consumer that they must pay an additional charge to unload their belongings from the moving truck. This conduct is against the law and may justify a claim for extortion.

In contrast, the moving company may add additional charges if the consumer is not honest upfront. For example, when the movers arrive, the customer has a grand piano that needs moving, which was not listed when the price was confirmed.

If an individual has any questions regarding their moving contract or suing a moving company for damages, they should consult with a local California lawyer.

Who Regulates the Moving Companies?

Moving houses can be a stressful experience. Reasons why individuals hire moving companies include, but are not limited to:

• The individual trusts the movers know how to professionally handle the items and keep them safe;
• Relying on friends and family can be hit or miss, but they assume professionals will be dependable;
• The majority of moving companies try to provide prompt and professional services to ensure that the homeowners believe that their belongings will arrive by a certain time or date;
• A professional mover can often handle bulky or heavy items better than nonprofessionals can.

It is important for an individual to do their research before hiring a moving company to ensure that their belongings are protected as well as take additional steps, including:

• Get referrals: An individual can do this by searching the internet or asking friends and family members if they have used any professional moving services they would recommend;
  • Additionally, if an individual is working with a real estate agent, they may know of some reputable professional moving companies an individual can contact;
• Gather multiple cost estimates: It is not likely that moving companies will be able to provide a full, complete price for their work without first seeing an individual’s belongings and estimating how much work it will take to do the job;
  • However, experienced companies can provide a best estimate;
  • It is best to gather at least three estimates before deciding the estimates will likely be close in range, and it might be best to stay away from any companies that are promising to charge considerably less than what is standard for the area;
• Look for companies that have their own trucks: Companies with their own trucks will likely cost less than companies that have to rent trucks;
• Document the property: Take photographs of valuable items so that, if they are damaged, the owner can prove that they were in good condition before the movers handled them;
  • Take photographs of any damage that occurred;
  • Be prepared to provide this documentation to the company when an individual contacts them directly to resolve the dispute;
    • The customer must provide specific facts that the property was damaged, lost, or destroyed through no fault of their own;
• Carefully review the moving contract: At the very least, the contract should cover the individual’s responsibilities as a client, whether the company will subcontract the work, and what the moving company’s responsibilities are if they damage or misplace property;
  • It is important to ensure that an individual fully understands the terms and conditions of the contract to minimize the possibility of contract disputes in the future;
  • A reputable moving company will readily answer any questions about the contract before signing it; and
• Insurance: Federal law requires all moving companies to provide moving company insurance policies. However, their insurance usually covers only a small portion of what an individual may lose;
  • Coverage usually includes between $1,200 and $9,000 worth of protection;
  • An individual may want to purchase additional insurance for their move if they have particularly expensive or meaningful belongings;
  • If an individual still owns their previous home, their possessions may be covered by their homeowner’s insurance, which is far more protective than what the moving company will likely provide; and
  • It is important to note that some states do not hold moving companies liable for anything they did not pack themselves.

The Federal Motor Carrier Safety Administration (FMCSA) regulations protect customers who are involved in interstate moves and define the rights and responsibilities of both shippers and movers. If an individual has trouble with a mover, they can file a complaint with the FMCSA or the Better Business Bureau (BBB).

Are There Remedies You Can Have Against a Moving Company?

Typically, arbitration claims and lawsuits against moving companies are based on breach of contract. Damages, or the monetary remedy that will be provided, are limited to the actual cost of the damage.

However, if a court finds a moving company responsible for damage or loss of an individual’s belongings, there may be an additional remedy the court can award. The court can require the moving company to cover loss of wages or income if the individual is moving to another state or taking a new job, but the company was late or delayed, and it caused the individual to miss the start of their new job.

If the damages amount is relatively low, an individual may bypass the regular courts by filing a complaint in small claims court. Small claims court fees are less expensive than regular court fees and a resolution can be reached more quickly.

If an individual moved across state lines, an individual may be able to file a claim for violation of federal laws, for example, the Carmack Amendment. This law limits the liability of moving companies to actual damages that occur as well as prevents certain state law claims, such as those involving:

• Negligence
• Breach of contract
• Fraud
• Misrepresentation

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

If a moving company in California has damaged, lost, or failed to deliver your belongings, it can be a very stressful situation. If you are not able to resolve your dispute with the moving company, you should consult with a California business attorney.

Your lawyer can review all contracts, invoices, and documentation related to your case and advise you of your legal options. In some cases, if the company has damaged the property of numerous individuals, your lawyer may be able to file a class action lawsuit against the moving company.