If someone has an issue with a moving company in Colorado, it may be possible to sue that moving company for damages. If an individual does have to file a lawsuit against a moving company, it will most likely be a breach of contract claim against the moving company for not fulfilling their obligations under the contract.
In order for an individual to be successful in their claim against a moving company, the customer will have to show certain elements, including:
- Their property was, in fact, in good condition when the moving company took possession of it
- The property was damaged when it was delivered by the moving company or the property was never delivered
- The damage that was done to the individual’s property can be calculated and can be monetarily valued
Someone might decide to hire a moving company to help them move their belongings. In that case, it is important to keep a copy of the moving contract in addition to other documents that are related to their move, which may include additional insurance policies. The moving contract may be used to show that the moving company did agree to do certain things that they did not.
There are many different types of contracts, which may include moving contracts, that include a clause that requires the parties who signed the contract to resolve any disputes arising from the contract using arbitration instead of filing a lawsuit. Any potential moving company customer should review the contract carefully before they sign it.
It can also be helpful to have a lawyer review the contract to ensure that it is in their best interests to sign in. In addition, a lawyer can explain any language or clauses that the individual is unclear on what they mean.
What Steps Should I Take When Preparing for Hiring a Moving Company?
Any time an individual is moving, it can be a stressful experience, even if they have help from professional movers. An individual may have to hire a moving company for many different reasons, which may include not having help from friends or family, needing professionals to carefully handle their property, or needing professionals to help move large pieces of furniture.
When an individual is considering different moving companies to hire, they can take several steps to make sure their move proceeds smoothly, they do not become victims of a moving company scam, and their property is carefully handled, such as:
- Looking for referrals
- Purchasing additional insurance that covers more property value than the moving company insurance policies that moving companies provide under federal laws
- Taking pictures of the property
- Searching for a company that owns its own truck
Who Regulates Moving Companies?
Moving companies are regulated by agencies that may be state-level, federal-level, or both levels. If a move goes across state lines, the moving company is regulated by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation (USDOT), and state agencies.
The federal agency, the FMCSA, creates and enforces regulations that apply to trucking companies, interstate moving companies, and more. The FMCSA also governs many aspects of the moving company industry, such as:
- The safety of motor vehicles, drivers, and equipment
- Licensing a moving company to operate as a motor carrier for household goods
- Consumer protections, which include the moving company’s:
- Preparation and handling of:
- Estimates
- Orders for service
- Bills of lading
- Recordkeeping and weighing shipments
- Payment, collection, and billing practices
- Compliance with arbitration requirements
- Situations where a moving company refuses to the customer’s household possessions
- A complaint filed against a moving company by a customer
- Investigating a moving company
- Enforcement actions
When a customer moves to a location in the same state, the moving company will be governed by state agencies. The title of the state agency may vary by state but may include:
- Departments of transportation
- Consumer services departments
- Public utilities commissions
What Are Moving Company Scams?
Unfortunately, there are moving company scams where moving companies prey on potential customers and customers to take more of their money. A moving company scam will usually start when a company provides a potential customer with an estimate that is low compared to the average for moving companies in that area.
When a moving scam is perpetrated, the customer agrees to that lower rate. Then, the moving company will increase the rate to complete the move and state the customer’s property will not be delivered unless a higher price is paid.
The moving company that is running the scam may claim that more items were included in the customer’s move than was quoted originally or that the customer’s property was heavier than what the moving company quoted. In these cases, the moving company will tell the customer that they will have to pay additional fees or their property will not be unloaded.
Potential moving company customers should know that if they do not provide an honest inventory of their property at the time their move is quoted, that moving company can add additional fees. If a customer has concerns about moving companies, moving contracts, or
Potential customers should be aware that, if they do not provide an honest inventory of their property at the beginning of the process when their move is quoted, the moving company can add additional fees. If someone has concerns about moving company contracts, moving companies, or suing a moving company for damages, they should consult with a local Colorado lawyer.
Are There Remedies You Can Have against a Moving Company?
There may be different available remedies an individual may have against a moving company if an issue arises during their move. As discussed above, these types of claims are typically based on a breach of the moving contract.
Because of this, these claims usually request the categories of damages that are awarded in breach of contract cases. Compensatory damages, or monetary damages, are the most commonly awarded category of damages in these types of cases.
These damages are intended to compensate the plaintiff or customer for the value of the damage that was caused to their property. Additionally, if the customer is moving to start a new job and has lost income because of a delay with the moving company, they can request compensation for these lost wages.
No matter what type of issue or value of the damages the moving company customer thinks they incurred due to the moving company, it is important for them to consult with an attorney in their area for advice on the best way to obtain compensation.
What Kind of Lawyer Do I Need to Sue a Moving Company?
You may have questions, concerns, or issues related to your Colorado move. If you do, you should reach out to a Colorado business attorney for advice and information on the proper steps to take if the moving company damages, loses, or refuses to deliver your property. If there are numerous customers who had the same issue with the same moving company, it may also be possible to file a class action lawsuit against a moving company.
LegalMatch can help you find a lawyer, as it is important to have a lawyer in these cases, especially when you use a large moving company to handle your move because they will likely not be cooperative with a compensation request and may even have their own lawyer on staff. All you have to do is submit your concern on the website at no charge, and you will get responses from attorneys who are licensed, pre-screened, and ready to start working on your issue.
