If an individual who has moved or is moving has an issue with their moving company in Georgia, they may be able to sue the company for damages. If a lawsuit is filed against a moving company, it will often be based on a breach of contract claim if the company did not perform as agreed under the contract.
The individual suing the moving company will have to show certain elements to win in court, including:
- That their belongings were in good condition when they were given to the moving company
- That their belongings were damaged upon delivery by the company or were not delivered
- The damage that occurred to their belongings can be monetarily calculated and valued
When an individual hires a moving company, they should keep a copy of the contract they sign as well as any other related documents, including additional insurance policies, in case they need to be used at a later time to demonstrate that the moving company did agree to move their belongings with reasonable care. If a lawsuit becomes necessary, the contract and other documents may be presented as evidence of the moving company’s liability.
Some moving contracts will contain clauses that require the parties to the contract to use arbitration as a means to resolve any disputes before they can file a lawsuit in court. Because of this, it is very important that an individual carefully read their moving contract and consult with an attorney if they need assistance understanding the details and requirements.
What Steps Should I Take When Preparing for Hiring a Moving Company?
Moves of any type may be stressful, even with help from a moving company. There are many different reasons that people hire a moving company, for example, family and friends may not be available to help, professionals are likely better equipped to handle the property, and movers will be better able to handle large and heavy pieces of furniture.
If a property owner is thinking about hiring a moving company to assist them with their move, it is important that they take certain steps when choosing the company they will use, such as:
- Obtain referrals, such as online or from family and friends
- Seek out companies that own their own trucks because they normally cost less than companies that do not
- Taking pictures of their belongings before the moving company takes the property to show its condition
- Purchase additional insurance that will cover more than the moving company insurance policies companies are required to provide under federal law
- If an individual owns a home, their property will likely be covered under their homeowner’s insurance policy
Who Regulates Moving Companies?
A moving company will be regulated by different types of agencies, both at the federal and state level. If a move crosses state lines, it will be regulated by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation (USDOT), as well as other state agencies.
The FMCSA is a federal agency that is tasked with creating and enforcing safety regulations that apply to:
- Interstate moving companies
- Trucking companies
- Bus companies
- Individuals who hold commercial driver’s licenses
Typically, individuals and companies governed by the FMCSA will also have a USDOT number. The FMCSA oversees aspects of the moving industry, including:
- Providing licenses to moving companies to operate as motor carriers for household goods
- The safety of motor vehicles, drivers, and equipment
- Consumer protections, including the mover’s:
- Preparation and handling of:
- Estimates
- Orders for service
- Bills of lading
- Recordkeeping and weighing shipments
- Collection, payment, and billing practices
- Compliance with arbitration requirements
- Complaints filed against the moving company by customers
- Investigating moving companies
- Enforcement actions
- Situations where the moving company refuses to deliver the customer’s household possessions
When an individual is moving within the same state, the company will be governed by a state agency. The title of the agency may vary by state, but may include:
- Consumer services departments
- Public utilities commissions
- Departments of transportation
What Are Moving Company Scams?
It is very important for potential customers of moving companies to know that there are scams that occur when people are seeking help moving. Moving scams usually start when a moving company gives a potential customer an estimate that is much lower than the average price for moving companies in the area.
When a scam is perpetrated by a moving company, the customer may have agreed to the rate the company offered. Once they do, the company will then raise the price of the move and inform the customer that their property will not be delivered if they do not pay the higher price.
A company perpetrating a scam may also claim that there were more items included in the move than was anticipated or that the items that were included in the move are heavier than what was quoted. In this situation, the company may inform the customer that they will have to pay more fees before their property will be unloaded from the truck.
Customers should be aware, however, that if they are not honest about their property when their move is quoted, the company may be permitted to add additional fees. For any questions about a moving company, a moving contract, or suing a moving company for damages, an individual should consult with a local Georgia lawyer.
Are There Remedies You Can Have against a Moving Company?
There may be remedies available against moving companies when a customer has an issue during their move. As noted above, lawsuits filed in these cases will most likely be based on claims of breach of contract.
A plaintiff may be awarded money damages, called compensatory damages. The amount of the award will most likely be limited to the value of the damaged property.
Other types of remedies may also be available if a moving company caused damage or loss or if they did not deliver the property. If the individual was moving to a different state to take a new job, for example, and they had issues or were delayed starting that job, they may be able to receive compensation for the income that they lost as a result.
If an individual incurred damages but they were not that high in value, they may be able to resolve the issue and obtain compensation in a Georgia small claims court. A small claims court will often have lower filing fees and can resolve cases quicker.
No matter which process an individual chooses to get compensation for their moving issues, it is important to seek legal advice to ensure that they take the best approach to obtain compensation for their moving issues.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have any type of issue with a Georgia moving company, it is very important to consult with a Georgia business attorney whether you want to resolve the issue with the company, in small claims court, or using a lawsuit. This may include the company losing, damaging, or failing to deliver your belongings.
If a large number of customers had issues with the same company, you may be able to file a class action lawsuit against a moving company. LegalMatch is an excellent resource for legal assistance when you have an issue with a moving company.
You can submit your issue on the LegalMatch website at no cost and, within around 24 hours, you will receive responses from pre-screened and licensed lawyers in your area who can help. These responses will include information about the lawyer’s education, background, experience, and reviews from previous clients.
