If you have suffered harm as a result of a moving company, there are numerous options for suing a moving company for damages in Nevada. One of the most common legal actions that is pursued against moving companies in Nevada is a breach of contract claim.
A breach of contract is a claim where one party to a valid contract files a lawsuit against another party to a contract when the other party fails to fulfill their legal duties and obligations under the terms of the contract. The terms of a contract serve to guide all parties to the contract as to what they must do and how they are to perform under the contract.
As such, if one party to the contract does not adhere to the terms of the contract, they will be considered to be in breach of that contract. The non-breaching party is then allowed to take legal action by filing a civil lawsuit against the breaching party for damages that they suffered from that party’s breach.
Contract breaches may happen in a variety of different contexts. In general, there are three main ways in which a party may be held liable for a breach of a moving contract:
- Anticipatory Breach: A party may be held liable for an anticipatory breach when the breaching party tells the non-breaching party that they will not be fulfilling the terms of their contract
- Minor Breach: A party may be held liable for a minor breach of contract when one party fails to perform a small detail of the contract
- For instance, if a moving company fails to deliver the customer’s property by an agreed date
- Material or Fundamental Breach: A party may be held liable for a material or fundamental breach when one party’s breach is so substantial that it essentially cancels the contract by rendering the performance by either party impossible
- For example, in a moving contract, if the moving truck crashes and destroys the customer’s property, then the moving company will be considered to have materially breached the contract to safely transport and deliver the property
When it comes to determining damages in a private lawsuit against a moving company, Nevada courts will generally assess whether or not the breach was substantial or minor. This distinction helps the court to determine what damages for breach of contract are available.
What Should I Do if I Encounter an Issue with a Moving Company?
If you encounter an issue with a moving company in Nevada, one of your first remedies should be to directly contact the moving company. The moving company may be able to compensate you for your damages, without you having to pursue legal action.
However, the moving company might be unable to provide you with a proper remedy. In that case, you may then file a civil lawsuit against the moving company for the damages you have suffered. Once again, this lawsuit will generally be based on a breach of contract.
In addition to filing a private civil lawsuit against the moving company, you may also consider alternative remedies. For instance, you may reach out to the Federal Motor Carrier Safety Administration (“FMCSA”).
The FMCSA is the federal agency that deals with violations of commercial regulations. A local Nevada lawyer will be able to walk you through all of your legal options to recover for the damages you’ve suffered.
Who Regulates Moving Companies?
In the state of Nevada, the Nevada Transportation Authority (“NTA”) is the state agency that administers and enforces state laws pertaining to passenger transportation, household goods movers, storage of household goods, and tow cars.
The goal of the NTA is to promote safe and efficient service while encouraging reasonable charges for intrastate transportation by registered carriers. Movers will often be registered with the NTA.
In addition to the NTA, the Federal Motor Carrier Safety Administration is the federal agency that deals with violations of commercial regulations, including regulating moving companies. Specifically, the FMCSA investigates complaints against moving companies, transporters, and auto brokers across state lines.
If you are planning on filing a complaint with the FMCSA, then you should gather and be ready to provide all of the following information:
- Your personal information, including your name, address, and telephone number
- The name, address, and telephone number of the moving company for which you are lodging a complaint
- The origin and destination of the shipment the moving company handled for you
- Details regarding your alleged specific violation(s)
- A copy of all other information relevant to your complaint, such as your moving documents and contract, the bill of lading, and inventory pages that describe your property in detail.
After making a complaint with the FMCSA, they will be given an opportunity to investigate the complaint. After their investigation, you may choose to seek an arbitration hearing before the FMCSA. A neutral third-party arbitrator may then resolve your legal dispute without the necessity of filing a private civil lawsuit. You may also choose to pursue a private civil lawsuit.
Are There Remedies You Can Have against a Moving Company?
As mentioned above, most legal actions that are filed against a moving company will be a breaches of contract. In a breach of contract lawsuit, if one party is able to prove that a breach of contract has occurred, they can sue and collect damages from that breaching party.
In general, the most common type of damages awarded in a breach of contract action are compensatory damages. The term compensatory damages includes both general damages and specific damages.
General damages is a legal term used to describe damages that are meant to cover losses that are directly related to the subject matter of the contract. For example, failing to deliver a person’s property in an undamaged condition.
On the other hand, specific damages are damages that are meant to compensate the non-breaching party for losses related to the breach but not resulting directly from the breach. For instance, damages that are related to a person’s property not being picked up or delivered by a time specified in the contract.
In addition to compensatory damages, there are other damages that may also be available for a breach of contract action against a moving company, including:
- Restitutional Damages: The purpose of restitution damages is to restore the non-breaching party to the position they were in before a contract was formed, such as refunding them what they paid the moving company
- Liquidated Damages: Liquidated damages are a pre-set amount of damages that are meant to reflect an estimate of the actual damages a party should receive, should a contract breach occur
- Nominal Damages: Nominal damages are essentially a symbolic damage that is awarded when no true harm resulted from the breach of contract, such as when the moving company lost the shipment but later finds and delivers
- Quantum Meruit: Quantum meruit is a Latin phrase that translates to “what one has earned,” and these damages are intended to recover the reasonable value of services performed by one party for another
- Remedies in Equity: Remedies in equity refer to a different form of legal remedies that aren’t monetary in nature, with the most common form being specific performance
- Punitive Damages: Punitive damages are damages that are available when there is an incentive to punish and deter the offending party from later committing similar offensive actions in the future
It is important to note that when it comes to lawsuits against moving companies, moving company insurance policies will generally always play a role in the lawsuit. This is because moving companies often have insurance policies to cover them in situations where the moving company may be liable for damages.
As such, one of the first things you should request in your lawsuit is a copy of any and all of the insurance policies that may cover them. After obtaining insurance information, the person suing a moving company can negotiate a settlement with the moving company’s insurance.
In some cases, the moving company may have methods of transportation and delivery that result in them facing numerous legal actions from many different customers. In these cases, a class action lawsuit against the moving company may also be possible. An attorney will be well aware of any class action lawsuits that you may join.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have suffered damages as a result of a moving company in Nevada, it is in your best interests to consult with an experienced Nevada business attorney. LegalMatch can assist you in locating and setting up an initial consultation with an experienced business lawyer in your area.
An attorney will be able to help you understand Nevada’s specific laws regarding lawsuits against moving companies. This includes the types of damages that are available for your specific case and the best course of legal action to recover for your damages.
Additionally, an attorney will be able to review any moving contracts you executed in order to ensure that you entered into a valid contract. An attorney will also be able to initiate a private civil breach of contract action on your behalf. Finally, an attorney can also represent you in court, as needed.
