If an individual is a moving company customer who has had an issue with their Iowa moving company, they might be able to sue that company for damages. If they have to file a lawsuit against their Iowa moving company, it will likely be a breach of contract claim when the company does not perform as promised under the terms of the contract.
When filing a lawsuit against a moving company, the customer will have to prove certain elements to prevail in their case, which include:
- The property was in good condition when it was given to the moving company for moving
- The property was damaged upon delivery, or the property was never delivered by the moving company
- The damage that occurred to the property can be monetarily valued
An individual may have to hire a moving company for help for various reasons. If they do, they should keep a copy of any contracts or documents they sign related to their move, for example, the moving contract and any additional insurance that was purchased.
There are many contracts, which include moving contracts, that contain clauses requiring the parties to resolve disputes about the contract using a type of alternative dispute resolution (ADR) called arbitration. Any potential moving customer in Iowa should carefully review any contracts before they sign them.
It is also a good idea to have a lawyer review any contract before signing it to ensure that it will be in their best interests. A lawyer can also explain any language or clauses that the customer does not completely understand.
What Steps Should I Take When Preparing for Hiring a Moving Company?
Moving at any time during an individual’s life can be very stressful, even when they have help from a professional moving company. An individual may have to hire a moving company for many reasons, including:
- Needing assistance from professionals to carefully handle belongings
- Lack of assistance from friends and family
- Needing assistance from professional movers to move large pieces of property or furniture
When a potential customer is considering hiring a moving company for assistance, there are some steps they can take to make sure that their move goes as smoothly as possible, that they are not victims of a moving scam, and that their property is handled carefully, such as:
- Asking for referrals
- Taking pictures of all of their belongings
- Getting additional insurance coverage that will cover more property value than the moving company insurance policies that moving companies have to give customers under federal law
- Seeking out a moving company that owns its own trucks
Who Regulates Moving Companies?
Moving companies can be regulated by agencies at the federal level, state level, or both. If the move crosses different state lines, that moving company will be regulated by three different entities, including:
- The appropriate state agency
- The Federal Motor Carrier Safety Administration (FMCSA)
- The United States Department of Transportation (USDOT)
The FMCSA creates and enforces the regulations that apply to interstate moving companies as well as other companies and individuals. In addition, it governs many aspects of the moving company industry, including:
- Providing licenses to moving companies so they can operate as motor carriers for household goods
- Consumer protections, including a moving company’s:
- Preparation and handling of:
- Estimates
- Orders for service
- Bills of lading
- Recordkeeping
- Weighing shipments
- Payment, collection, and billing practices
- Compliance with arbitration requirements
- The safety of:
- motor vehicles
- drivers
- equipment
- When a moving company will not deliver their customer’s possessions
- When a customer files a complaint against a moving company
- Investigating a moving company
- Enforcement action
When a customer is moving different locations within the same state, that moving company will be governed by a state agency. The names of these state agencies can vary by location but may be called:
- Public utilities commissions
- Consumer services departments
- Departments of transportation
What Are Moving Company Scams?
Unfortunately, there are moving company scams that can be perpetrated upon customers in an attempt to take more of their money. These types of scams often start when the company provides the potential customer with an estimate that is much lower than average estimates for moving companies in the same area.
When a moving scam does happen, the customer may agree to the lower rate they were offered. Once this occurs, the moving company will increase the moving cost in order to complete the move, stating that their property will not be delivered unless they pay the higher amount.
The individual or company who is running the scam may claim that more property was included in the move than was in the initial quote or that the items are heavier than anticipated. When this happens, the moving company may tell the customer that they will have to pay more or their property will not be unloaded.
Moving company customers should know that, if they do not provide an accurate inventory of their property at the beginning of the process that is as accurate as possible, the moving company is permitted to add additional fees to the moving cost. If an Iowa resident has any concerns about their moving company contract, their moving company, or suing a moving company for damages, they should consult with a local Iowa lawyer.
Are There Remedies You Can Have against a Moving Company?
A customer may be able to obtain different remedies against their moving company if they have issues during their move. As discussed above, claims that are filed against a moving company are usually based on a breach of contract.
Breach of contract damages will be requested in these types of claims. This includes compensatory damages, or monetary damages.
Monetary damages are used to compensate the moving company customer for the damage to their property or the loss of their property. If the individual was moving to start a new job or if they lost income because of another issue with the removing company, they may also be able to obtain compensation for income they lost.
It is not important what issue the individual has or what they believe the value of the damages to their belongings will be; it is very important that they consult with a local attorney to obtain advice regarding the best way to resolve their issue and get compensation.
What Kind of Lawyer Do I Need to Sue a Moving Company?
You might have questions, concerns, or issues about your move or moving company. If that is the case, it is important to consult with an Iowa business attorney as soon as possible for advice and information about the proper steps to take if the moving company damages, loses, or will not deliver their property. If there are numerous customers who have issues with a certain moving company, they may be able to participate in a class action lawsuit against a moving company.
LegalMatch can help you find an attorney in your area who can help resolve your issue with your moving company. You should have legal representation in these situations, especially if you used a larger moving company because they may not be willing to cooperate with a request and they may even have their own lawyers on staff.
