When an individual is moving or has moved and they have any type of issue with their moving company in the State of Indiana, they may be able to sue that company for damages. If they file a lawsuit against their moving company, it will most likely be based on a breach of contract claim if that company did not perform as they agreed to under the contract.
To prevail in their lawsuit, the individual who is suing their moving company will be required to prove certain elements, including that:
- Their belongings were in good condition when they gave them to their moving company
- Their belongings were damaged when they were delivered by the company or their belongings were not delivered at all
- The damage that was done to their belongings can be calculated and monetarily valued
When someone hires a moving company to move their belongings, they should always keep a copy of the contract and any other documents related to their move, which may include an additional insurance policy, in the event that they need them later on. The contract can be used to show the moving company agreed to certain obligations and did not fulfill them.
There are some moving company contracts that will have a clause that requires the parties participate in arbitration, a type of alternative dispute resolution (ADR) to resolve any dispute they have before filing a lawsuit in court. It is very important that an individual read any moving contract carefully as well as consult with a lawyer before signing it if they have any questions about it or need any help understanding any of its terms.
What Steps Should I Take When Preparing for Hiring a Moving Company?
Moving anywhere at any time can be a stressful event, even when a person has help from a moving company. There are many common reasons why someone would want to hire a moving company for help, such as their friends or family are not available or reliable, they think a professional can better handle their belongings, and they think a professional company will be able to handle large pieces of furniture.
When an individual is considering hiring a moving company to help them move, there are certain steps they can take when choosing the company to help ensure their move is easy and their belongings do not get damaged.
These may include:
- Find referrals, for example, from family and friends or on the Internet
- Look for a company that owns a truck or trucks, as they will typically charge less
- Take pictures of belongings before they are handed over to the moving company
- Buy extra insurance that covers more than the moving company insurance policies that moving companies are required to provide under federal laws
Who Regulates Moving Companies?
Moving companies may be regulated by agencies at both the state and federal levels. If an individual is moving across state lines, the company will be regulated by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation (USDOT), and state agencies.
The federal agency FMCSA creates and enforces safety regulations that apply to:
- Interstate moving companies
- Bus companies
- Trucking companies
- Individuals who hold commercial driver’s licenses
The FMCSA also governs many aspects of the moving industry, such as:
- Giving licenses to moving companies to operate as motor carriers for household goods
- The safety of drivers, motor vehicles, 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
- Situations where the moving company refuses to deliver the customer’s household possessions
- Complaints filed against the moving company by customers
- Investigating moving companies
- Enforcement actions
When an individual is moving within the same state, the company will be governed by a state agency, which varies by state but may include:
- Departments of transportation
- Consumer services departments
- Public utilities commissions
What Are Moving Company Scams?
Customers who are considering hiring moving companies should be aware that scams may occur. They usually begin with a moving company providing potential customers with estimates that are much lower than the average price for moving companies in the area.
When moving company scams are perpetrated, a customer may agree to the low rate offered. After this, the company raises the price of the move and tells the customer they will not have their belongings delivered unless they pay the higher price.
The company that is engaged in the scam may also make a false claim that more items were included in the move than were originally anticipated or that the items were heavier than what was in the quote. In these situations, the company will tell the customer that they will be required to pay additional fees before their property will be unloaded.
Potential customers should be aware that, if they are not honest about the belongings that the company will be moving at the time of the quote, however, the company can add additional fees. For any questions about moving companies, moving contacts, or suing a moving company for damages, an individual should consult with a local Indiana lawyer.
Are There Remedies You Can Have against a Moving Company?
There are legal remedies that someone can have against a moving company if they have issues during their move. As discussed above, these are usually breach of contract claims and will include the damages typically awarded in these types of cases.
The most commonly awarded are compensatory damages or money damages that are intended to compensate the individual for the amount of damage that was done to their property. If an individual moved to a new place or a new state for a job and was delayed starting that job or had other job-related issues, they may be able to obtain additional compensation for the income they lost due to the moving delay.
No matter the type or amount of damages that an individual believes they incurred due to their moving company issue, it is essential to consult with a lawyer in the area to learn the best approach for obtaining compensation for their losses.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have had any sort of issue with a moving company in Indiana, it is essential to reach out to an Indiana business attorney for advice on resolving your issue and receiving compensation for the company losing, damaging, or failing to deliver your belongings. If there are many customers who have had the same issues with the same moving company, you may be able to file a class action lawsuit against a moving company.
LegalMatch can help you find legal assistance when you have an issue with a moving company. Just submit your question or issue on the website for free and you will get responses from attorneys in your area who are licensed and pre-screen within about 24 hours who are ready to get started on your case.
It is very important to have your own legal representation in these cases, as the company may be resistant to providing you with compensation and they will likely have their own attorneys who are ready to defend them in court.
