When a customer who uses a moving company has an issue in Kentucky, they may have the ability to use the moving company for damages. If the individual ends up having to file a lawsuit in court against the Kentucky moving company they used, it will most likely be a breach of contract claim when the moving company does not fulfill its obligations.
When filing a lawsuit against a moving company, there are certain elements the customer will have to show, including:
- Their belongings were in good condition when the Kentucky moving company took possession
- Their belongings were damaged, or they were not ever delivered by the Kentucky moving company
- The damage to the belongings can be seen and measured as well as monetarily valued
Customers commonly need to hire moving companies to help them move their belongings. When they do, they should keep a copy of their moving contract in addition to any other documents they have related to their move, such as additional insurance policies.
Numerous types of contracts, including moving contracts, may have clauses that require the parties to resolve any disputes that arise from the contract using a form of alternative dispute resolution (ADR) called arbitration instead of filing their case in court. Every potential customer should read any contract carefully before they sign it.
They can also have their lawyer review the contract to make sure that it is in their best interests to sign it. In addition, the lawyer can explain any language or sections that the individual does not completely understand.
What Steps Should I Take When Preparing for Hiring a Moving Company?
No matter how old someone is, moving is stressful. Even with assistance from a professional moving company, it is still a stressful life event.
A moving company can be hired for numerous different reasons, such as:
- Lacking assistance from friends and family
- Needing assistance from professionals to handle belongings carefully
- Needing assistance from professionals to move large pieces
If someone is considering hiring a Kentucky moving company for their move, there are steps they can take to make sure their move goes smoothly, the property is handled carefully, and they do not fall prey to a scam, such as:
- Asking for referrals
- Seeking out a company that owns its own truck or trucks
- Purchasing 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
- Taking pictures of all belongings
Who Regulates Moving Companies?
Moving companies can be regulated by agencies at the federal level, the state level, or both. If an individual moves from one state to another, that moving company is regulated by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation (USDOT), and state agencies.
The federal agency, the FMCSA, creates and enforces regulations for moving companies as well as other types of companies and individuals. In addition, it governs aspects of the moving company industry, including:
- Licensing moving companies to operate as motor carriers for customer’s household goods
- The safety of:
- motor vehicles
- drivers
- equipment
- Consumer protections, including the moving company’s:
- Recordkeeping
- Weighing shipments
- Payment, collection, and billing practices
- Preparation and handling of:
- Estimates
- Orders for service
- Bills of lading
- Compliance with arbitration requirements
- Cases where moving companies refuse to deliver the customer’s possessions
- When a complaint is filed by a customer against a moving company
- Investigating a moving company
- Enforcement action
When an individual moves within the same state, their moving company will be governed by a state agency. The name of the governing agency may differ by state but often includes:
- Public utilities commissions
- Departments of transportation
- Consumer services departments
What Are Moving Company Scams?
Sadly, there are scams associated with moving companies that are perpetrated on potential customers to try and get even more of their money. These types of scams typically start when the company gives the potential customer an estimate that is much lower than the average for moving companies in the area.
When a moving scam happens, the individual agrees to that offered low rate. Once this occurs, the moving company then increases the rate before they will complete the move.
The company may state that the individual’s property will not be delivered or unloaded unless the customer pays a higher price. They may base this change on a claim that there were more items included in the move than what was quoted or that the items included were heavier than quoted.
Moving company customers should know that if they do not provide an honest inventory of their property at the beginning of the quote process, the company can add additional fees to their move. If a Kentucky resident has questions or concerns about a moving company contract or suing a moving company for damages, they should consult with a local Kentucky lawyer.
Are There Remedies You Can Have against a Moving Company?
Yes, there are remedies an individual may have against a moving company if they have issues during their move. As discussed above, these types of claims are usually based on a breach of the moving contract.
This means that, in most cases, breach of contract damages will be what is requested by the customer. These include monetary damages, or compensatory damages, to compensate them for losses or damage to their property.
If the individual was moving because they were starting a new job and lost income because of the issues they had with the moving company, they could request compensation for this lost income. An individual should consult with a local attorney regarding how to resolve their issue with the moving company, no matter what they believe the value of their damages may be.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have any questions, concerns, or issues related to your experience with a moving company, you should consult with a Kentucky business attorney for advice and information. Your lawyer can help if the moving company damages, loses, or refuses to deliver your belongings. If there are numerous different people who have also had issues with the same moving company, it may be an option to file a class action lawsuit against a moving company.
You can find a lawyer in your area who can help you with your moving company issue at no charge by using LegalMatch. All you have to do is take a few minutes to submit your issue, question, or concern on the website.
This process only takes around 15 to 20 minutes and will surely be worth your time. In around 24 hours, you will receive responses from attorneys near you who are ready to help you resolve your moving company issue.
It is essential to have a lawyer in these cases, especially if you used a larger moving company, as they will have the funding to defend against your claim and may even have their own lawyer on staff. In addition, your lawyer can represent you during any alternative dispute resolution attempts and negotiations with the company to attempt to resolve your issue outside of court.
