If an individual in Missouri has an issue with a moving company, they might be able to sue that company for damages. If it becomes necessary to file a lawsuit against a company, it will likely be based on breach of contract when the moving company did not do what it agreed to under the moving contract.
In order to succeed in a legal claim, the individual suing the moving company will need to show certain elements were present, such as:
- Their property was in good condition when it was given to their moving company
- Their property was damaged when delivered by the company, or their property was not delivered at all
- The damage that was done to their property can be both calculated and monetarily valued
An individual may hire a moving company to help them move their property. If so, they should keep a copy of their moving contract as well as other documents related to the move, such as additional insurance policies, in case they are needed later on for a claim. A contract can be used to prove that the moving company agreed to fulfill certain obligations but did not do so.
Many contracts, including moving contracts, include clauses that require the parties to use arbitration as a means to resolve their dispute instead of filing a claim in court. It is essential for potential moving company customers to read any contract carefully before they sign it and even have an attorney review it to help understand the terms they are agreeing to.
What Are Moving Company Scams?
It is unfortunate, but there are scams that are perpetrated by some moving companies on customers to take more of their money. These scams often begin when the company provides a potential customer with an estimate that is very low compared to the average price for moving companies in the area.
When a moving scam occurs, the customer may agree to pay the offered lower rate. Then, the company will increase the rate for their move and tell them they will not deliver the customer’s belongings unless a higher price is paid instead.
The company orchestrating the scam may claim that there were more items included in the move than was originally quoted or that the property was heavier than what was quoted. In these types of situations, a company will inform the customer that they will be required to pay additional fees or their property will not be unloaded.
A potential customer should know, however, if they do not provide an honest inventory of their property at the beginning when their move is quoted, the company is allowed to add additional fees. If an individual has any concerns regarding moving companies, moving company contracts, or suing a moving company for damages, they should consult with a local Missouri lawyer.
Who Regulates Moving Companies?
A moving company will be regulated by agencies which may be at the state level, federal level, or both. If an individual’s move is taking them across state lines, their moving company will be regulated by the Federal Motor Carrier Safety Administration (FMCSA), the United States Department of Transportation (USDOT), and state agencies.
The FMCSA is the federal agency that creates and enforces regulations that apply to interstate moving companies, trucking companies, and more. This agency also governs numerous aspects of the moving company industry, including:
- The safety of drivers, equipment, and motor vehicles
- Licensing moving companies to 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 and weighing shipments
- Payment, collection, and billing practices
- Compliance with arbitration requirements
- Situations where the moving company will not deliver the customer’s household possessions
- Complaints filed against a moving company by a customer
- Investigating moving companies
- Enforcement actions
If someone is moving within the same state, the moving company will be governed by a state agency. The title may vary by state but may include:
- Departments of transportation
- Public utilities commissions
- Consumer services departments
What Steps Should I Take When Preparing for Hiring a Moving Company?
Moving from any place at any time can be stressful, even with help from professional movers. It may be necessary to hire a moving company for many reasons, such as a lack of help from friends or family, needing a professional to handle belongings carefully, or needing professional help moving large pieces of furniture.
When considering what moving company to choose, a potential customer can take several steps to help ensure their move goes smoothly, they do not fall prey to a scam, and their belongings are handled carefully, including:
- Looking for referrals, for example, from friends and family or online
- Searching for a company that owns its own truck or trucks, as they will typically charge less
- Taking pictures of all of the property before it is handed over to the moving company
- Purchasing extra insurance that covers more property value than the moving company insurance policies that moving companies are required to provide under federal laws.
Are There Remedies You Can Have against a Moving Company?
Yes, there may be several available remedies against moving companies if issues arise during a move. As noted above, these types of claims are usually based on breach of contract and, therefore, will usually include the categories of damages often awarded in these types of cases.
Monetary damages, called compensatory damages, are the most commonly awarded types of damages in these cases. They are meant to compensate the customer for the value of the damage that was done to their belongings.
In addition, if the individual was moving for a new job and they suffered income loss based on a delay with their moving company, they may receive compensation for those lost wages. No matter the type of issue or the value of the damages that the customer believes they incurred because of their issue with their moving company, they should consult with a lawyer in their area as soon as they can for advice on the best way to receive compensation for their losses.
What Kind of Lawyer Do I Need to Sue a Moving Company?
You may have issues, questions, or concerns related to your move to Missouri. If this is the case, you should consult with a Missouri business attorney for legal advice and the proper steps to take to receive compensation for the moving company damaging, losing, or refusing to deliver your property. If multiple customers have had similar issues with the same company, it may also be possible to file a class action lawsuit against a moving company.
You can easily use LegalMatch to find a lawyer in your area if you have any concerns about your moving company. Simply submit your concern on the website at no cost, and within around 24 hours, you will get responses from licensed and pre-screened lawyers in your area who are ready to start helping with your moving company concern.
It is essential to have your own lawyer in these types of cases, especially when dealing with large companies, as they will likely resist providing you with compensation and may even have their own lawyers on staff with experience defending them in court.
