How to Sue a Moving Company in Florida

It may be possible to take legal action against a moving company in Florida if they have issues during their move. When this happens, claims are usually based on breach of contract when a moving company fails to fulfill the terms of their agreement.

The moving company customer will have to show that:

• The moving company received the customer’s property in good condition
• Their property was either damaged when it was delivered or it was not delivered at all
• The damages related to the property can be measured

It is very important that the customer can provide a copy of the contract showing that the company agreed to move the customer’s property with reasonable care. If the customer has to go to court, the contract can be used to show that the moving company was responsible.

Moving company customers can find information and tips about issues related to moving from the Federal Motor Carrier Safety Administration (FMCSA). If the customer has a dispute with their moving company, they may be able to request an arbitration hearing before the FMCSA.

Some moving contracts may require that the parties participate in the process of arbitration before they are permitted to file a lawsuit in court against the company. A moving company is supposed to provide its customers with FMCSA pamphlets that provide details regarding:

• How to reach an agreement about the details of their pick-up and delivery
• The mover collecting charges
• How the mover must handle inquiries and complaints
• How to resolve disputes with the moving company

What Are Moving Company Scams?

Unfortunately, moving company scams do occur. These types of scams can occur when the moving company provides an estimate for handling the move that is below the market price.

With moving company scams, a customer will agree to the rate offered and the moving company will then inflate the cost and not deliver their belongings until the customer has paid the inflated price. The moving company may also inform the customer that there are more items than they anticipated or that those items weighed more than was quoted.

The moving company participating in a scam may then tell their customer that they are required to pay an additional charge to have their belongings unloaded from the truck. This conduct is prohibited and can serve as the basis for an extortion claim.

It is very important to note that moving companies are allowed to include additional charges when customers are not honest at the beginning of the transaction. For example, if a customer has an additional large item, such as a safe, that was not included when the moving price was quoted and confirmed.

If a moving company customer has any concerns about their moving contract or suing a moving company for damages, they should consult with a local Florida lawyer.

Who Regulates Moving Companies?

Moving can be a very stressful time, even when an individual uses a moving company for help. There are also many reasons why an individual may want to hire a moving company, including:

• Trusting that movers know how to professionally handle their property and keep it safe
• Relying on family and friends is not always reliable, but moving professionals are typically more dependable
• Moving companies will attempt to provide prompt and professional services to their customers to make sure that their belongings will arrive by a certain date or time
• Professional movers can often handle heavy or bulky items better than nonprofessionals

What Steps Should I Take When Preparing for Hiring a Moving Company?

When an individual is considering hiring a moving company, it is essential that they conduct some research before choosing the company they will hire to make sure their belongings are protected, such as:

• Getting referrals: Referrals can be found by searching online or asking friends and family members for recommendations.
  • Real estate agents may know of reputable professional moving companies an individual can contact.
• Gathering multiple cost estimates: Moving companies will not likely be able to provide an exact price for their work without first seeing the individual’s belongings that they will be moving and estimating how much work it will take to complete the move.
  • An experienced company, however, can typically provide the best estimate.
  • Potential customers should obtain at least three estimates before choosing.
    • These estimates will most likely be close to the price range.
    • It may be best to avoid companies that are promising to charge considerably less than what is standard for other companies in the area.
• Looking for companies that have their own trucks: A company that has its own truck will often cost less than a company that has to rent a truck.
• Documenting the property: Customers should take photographs of their valuable items so that, if damage occurs, the customer can demonstrate that the items were in good condition before the movers handled them.
  • If damage does occur, also take photographs of the damage.
  • The customer should be prepared to provide the documentation to the moving company when trying to resolve a dispute.
• Carefully reviewing the moving contract: Most moving contracts discuss the customer’s responsibilities, whether the company will subcontract the work, and what the moving company’s responsibilities will be if the customer’s property is damaged or misplaced.
  • A reputable moving company answers any questions about the moving contract before the customer signs it.
• Obtaining insurance: Federal laws require that moving companies provide moving company insurance policies. These insurance policies, however, usually only cover a small portion of what the customer may lose.
  • Coverage is often between $1,200 and $9,000.
  • Additional insurance may be required if the individual has particularly expensive or meaningful belongings.
  • If the customer still owns a home, their property may be covered by their homeowner’s insurance.
    • This will provide more protections than what the moving company will likely provide.
  • In some states, moving companies will not be held liable for any property they did not pack themselves.

Are There Remedies You Can Have against a Moving Company?

Lawsuits that are filed against moving companies are usually based on a breach of the moving contract, as noted above. The money that is awarded in these cases, called damages, can be limited to the cost of the actual property damage.

In some situations, if the court determines that the moving company was responsible for the damage or loss to the customer’s belongings, it can provide additional remedies. For example, it may order that the company reimburse the customer for lost income they incurred if they were taking a new job or moving to another state and they had issues because of delays or damage caused by the moving company.

If the amount of damage that was caused was low in value, the customer may be able to resolve their issue in a small claims court. This can be helpful, as the fees are lower than other court fees, and the cases are often resolved more quickly.

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

If a Florida moving company damages, loses, or does not deliver your property, it can be a difficult and stressful issue. It is important to reach out to a Florida business attorney for advice on resolving the issue, even if it is handled directly with the company. LegalMatch can help connect you with the ideal business lawyer for your case.

Your lawyer will be able to review all of the documentation related to your move and provide you with advice on your legal options in the state. In some cases, if a moving company damages the property of multiple customers, it may be possible to file a class action lawsuit against the moving company.