Individuals who use a moving company in Illinois may be able to sue that company if they have issues with their move. When an issue does arise, a claim or lawsuit that is filed will most likely be based on a breach of contract if the company fails to fulfill the terms of the contract.
The customer will be required to prove certain issues in order to recover damages in court, including:
- The company received the property in an undamaged condition
- The property was either damaged when delivered or was not delivered
- The damage can be monetarily valued or calculated
If an individual hires a moving company, they should be able to provide a copy of that contract to demonstrate that the company did agree to move the property with reasonable care. When a customer has to file a claim in court, the contract may be used as evidence of the company’s liability.
Some moving contracts require that the individuals participate in an arbitration process before being allowed to file a lawsuit against the moving company in court. The moving company may provide information from the FMCSA about:
- Coming to an agreement regarding the details of property pick-up and delivery
- How the company will collect the customer’s payment
- How the company will handle inquiries or complaints
- Resolving a dispute with the company
What Are Moving Company Scams?
An individual who is looking for a moving company to help them move their property should be aware that some scams do occur. They typically start with the moving company providing an estimate for the move that is well below the market price for similar moving jobs.
In many scams involving moving, the customer will agree to a rate offered by the company. After that, the company will inflate the price and say that the property will not be delivered unless they pay the inflated price.
The scamming company may also tell the customer that more items were included in the move than was anticipated or that the items that were being moved weigh more than was initially quoted. In these situations, the company may inform the customer that they will have to pay additional charges to unload the belongings from the truck.
These types of scams are illegal and can serve as the basis of an extortion claim. It is important for potential customers to note that additional charges can be added if a customer is dishonest with the company at the start of the process.
These may be applied when the customer has a big item, for example, a piano, that was not included in the moving quote. A customer may have issues with a moving company, questions about the moving contract they signed, or questions about suing a moving company for damages. In that case, they should consult with a local Illinois lawyer.
Who Regulates Moving Companies?
A moving company may be regulated by multiple federal and state agencies. If a move crosses state lines, it will be regulated by the United States Department of Transportation (USDOT), the Federal Motor Carrier Safety Administration (FMCSA), and other local state agencies.
The FMCSA is a federal agency that enforces and creates the safety regulations for interstate moving companies, trucking companies, bus companies, and individuals who hold commercial driver’s licenses. The companies that are governed by the FMCSA will also usually have USDOT numbers.
An in-state move may be governed by different state agencies, which will vary by state. For example, in-state moves may be governed by:
- Public utilities
- Departments of transportation
- Public utilities commissions
What Steps Should I Take When Preparing for Hiring a Moving Company?
A move can be a stressful process, even with help from movers. There are many different reasons why an individual may choose to use a moving company, such as believing the professional movers will be able to better handle their property and keep it damage-free, family and friends may not be reliable, and professional movers may have an easier time handling heavy objects.
If an individual is considering using a moving company to assist with their move, they should take certain steps before choosing a company, such as:
- Get referrals: Referrals can be found by asking family members and friends or online.
- Look for companies with their own trucks: A company with its own truck will typically charge less than a company that has to rent one.
- Document the property: Pictures of the individual’s items should be taken so that if damage does occur, the customer can show that the property was received in good condition.
- Obtain insurance: Moving companies have to provide moving company insurance policies under federal law.
- If the individual owns a home, the property that is being moved will most likely be covered under the homeowner’s insurance.
- This will provide them with additional protections compared to moving company insurance.
- Moving companies may not be liable for property they did not pack.
Are There Remedies You Can Have against a Moving Company?
There may be remedies that an individual can pursue against a moving company when they have issues during the moving process. As noted above, lawsuits in these situations will likely be based upon a breach of contract issue.
Monetary damages, or a money amount awarded to a plaintiff, can be provided in these types of cases. An individual should be aware that these damage awards will likely be limited to the value of the damaged property.
If a court determines that the moving company did cause loss or damage to an individual’s property, it may also be able to provide additional remedies. For example, when the customer was moving to a different state for a new job and they were delayed or had other issues causing income loss, they may be compensated for the income they lost due to their property being delayed or not arriving at all.
If the amount of damages was not high in value, the customer may be able to fix the issue and obtain compensation in small claims court. This can be a better approach in some cases, as the fees are lower and cases are often resolved faster. Even though small claims court can be handled without an attorney, an individual should still seek legal advice to ensure that they are taking the most favorable approach to receive compensation for their claim.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If a moving company in Illinois damaged, lost, or did not deliver your property it may be a very stressful issue. Even if you want to resolve the issue with the company or in a small claims court, it is still important to consult with an Illinois business attorney for advice.
Your business lawyer can review your contract and any other documents related to the move and give you advice about your legal options. In certain cases, if a moving company caused damage to property, lost property, or did not deliver the property to numerous different customers, it may be possible to file a class action lawsuit against that moving company.
LegalMatch gives you access to a database of pre-screened and licensed lawyers in your area who are ready to begin helping you resolve your moving issue. Just submit your concern on the LegalMatch website, and you will begin receiving responses from attorneys within around 24 hours who are ready to help you.
