If you have been injured or harmed by a moving company in Connecticut, then suing a moving company for damages is one way in which you can recover for the harm you have suffered. One of the most common legal actions taken against moving companies in Connecticut is a breach of contract claim.
A breach of contract is a legal claim in which one party to a contract fails to fulfill their duties and obligations under the terms of the contract. Importantly, the terms of a contract serve to guide the parties to the contract as to what they must do and how they are to perform under the contract.
As such, when one party to the contract does not adhere to the terms of the contract, they will be considered to be in breach of that contract. Then, the non-breaching party is allowed to take legal action by filing a civil lawsuit against the breaching party for damages that they suffered as a result of that party’s breach.
Contract breaches can occur in a variety of different contexts. Generally speaking, there are three main ways in which a party may be held liable for a breach of a moving contract:
- An anticipatory breach of contract is a type of breach that occurs when one party tells the other party that they will not be fulfilling the terms of the contract
- A minor breach of contract is a breach that occurs when a party fails to perform some small detail(s) of the contract
- For example, failing to deliver a customer’s property in a moving contract by an agreed date would be considered a minor breach
- A material or fundamental breach occurs when the breach is so substantial that it cancels the contract by rendering the performance by either party impossible
- For example, in a moving contract, if the moving truck is involved in an incident that results in the destruction of the customer’s property.
- In that case, the moving company will be considered to have materially breached the contract to safely transport and deliver the property. Performance is now an impossibility
When it comes to determining damages in a lawsuit against a moving company, a court will generally assess what type of breach has occurred. This distinction helps the court determine what damages for breach of contract are available to the non-breaching party.
If you’ve encountered issues with a moving company in Connecticut, one of your first remedies is to contact the moving company. The moving company may be able to compensate you for your damages without you having to pursue legal action.
However, if the moving company is unable to provide you with a proper remedy, you may then pursue a civil lawsuit against the moving company. As noted, this lawsuit will typically be based on breach of contract.
In addition to filing a private civil lawsuit against the moving company, you may also consider alternative remedies. For instance, you may reach out to the Federal Motor Carrier Safety Administration (“FMCSA”).
The FMCSA is the federal agency that deals with violations of commercial regulations. A local Connecticut lawyer will be able to walk you through all of your legal options in order to give you the best opportunity to recover for the damages you’ve suffered.
Who Regulates Moving Companies?
In the state of Connecticut, all moving companies that offer services to move household goods within the state are regulated by the Connecticut Department of Transportation. You may contact the Connecticut Department of Transportation at (860)594-2860 or visit their website.
If you are moving from within Connecticut to out of state, the Federal Motor Carrier Safety Administration (“FMCSA”) is the federal agency that regulates these moves. Specifically, the FMCSA deals with violations of commercial regulations, including regulating moving companies across state lines.
If you are planning on filing a complaint with the FMCSA or Connecticut Department of Transportation, you should gather and be ready to provide all of the following information:
- Your personal information, including your name, address, and telephone number
- The name, address, and telephone number of the moving company for which you are lodging a complaint
- The origin and destination of the shipment the moving company handles
- Any United States Department of Transportation or Motor Carrier identification numbers, if applicable
- Details regarding your alleged specific violation(s)
- A copy of all other information relevant to your complaint, such as your moving documents and contract, the bill of lading, and inventory pages that outline your property.
After making your complaint with the FMCSA or Connecticut Department of Transportation, they will conduct an investigation into your claim. After their investigation, you may also choose to seek an arbitration hearing before the FMCSA.
An arbitration hearing involves a neutral third-party arbitrator resolving your legal dispute without the necessity of filing a private civil lawsuit. You may also choose to pursue a private civil lawsuit either in small claims court or your local court.
Are There Remedies You Can Have against a Moving Company?
Once again, most legal actions that are filed against a moving company will be a breach of contract action. In a breach of contract lawsuit, if one party is able to prove that a breach of contract has, in fact, occurred, they can sue and collect damages from the breaching party.
In general, the most common type of damage awarded in a breach of contract action is compensatory damages. The term compensatory damages includes both general damages and specific damages.
General damages is a legal term used to describe damages that are meant to cover losses that are directly related to the subject matter of the contract. For instance, failing to deliver a person’s property in an undamaged condition would involve general damages.
On the other hand, specific damages are damages that are meant to compensate the non-breaching party for losses related to the breach but not resulting directly from the breach. For example, damages that are related to a person’s property not being picked up or delivered by a time specified in the contract may involve specific damages.
In addition to compensatory damages, there are other damages that may also be available for a breach of contract action against a moving company. Examples of other damages available under contract law include:
- Restitutional Damages: The purpose of restitution damages is to restore the non-breaching party to the position they were in before a contract was formed, such as refunding them what they paid the moving company
- Liquidated Damages: Liquidated damages are a pre-set amount of damages that are meant to reflect an estimate of the actual damages a party should receive, should a contract breach occur
- Nominal Damages: Nominal damages are essentially a symbolic damage that is awarded when no true harm resulted from the breach of contract, such as when the moving company lost the shipment but later finds and delivers
- Quantum Meruit: Quantum meruit is a Latin phrase that translates to “what one has earned,” and these damages are intended to recover the reasonable value of services performed by one party for another
- Remedies in Equity: Remedies in equity refer to a different form of legal remedies that aren’t monetary in nature, with the most common form being specific performance
- Punitive Damages: Punitive damages are damages that are available when there is an incentive to punish and deter the offending party from later committing similar offensive actions in the future.
It is important to note that when it comes to lawsuits against moving companies, moving company insurance policies will generally always play a role in the lawsuit. This is because moving companies often have insurance policies to cover them in situations where the moving company may be liable for damages.
As such, one of the first things an individual should obtain when suing a moving company is a copy of any and all of the insurance policies that may cover them. After obtaining a copy of a company’s insurance information, the person suing a moving company can then attempt to negotiate a settlement with the moving company’s insurance.
In some cases, the moving company may have methods of transportation and delivery that result in them facing numerous legal actions from many different customers. In these cases, a class action lawsuit against the moving company may also be possible. An attorney will be well aware of any class action lawsuits that you may join or can help you in forming a class.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you are involved in a legal issue involving a moving company where you believe a breach of contract may have occurred, then it is in your best interests to consult with an experienced Connecticut business attorney.
LegalMatch can assist you in locating and setting up a consultation with an experienced business lawyer in your area. A lawyer will be able to help you understand Connecticut’s specific laws regarding lawsuits against moving companies.
Additionally, an attorney will also be able to review any moving contracts in order to ensure that you entered into a valid contract. Further, an attorney will also be able to initiate a private civil breach of contract lawsuit on your behalf. Finally, an attorney can also represent you in court, as needed.
