In the State of New York, a customer may be able to sue their moving company if they experience issues when they move. When these types of issues do occur, the claims that result are typically based on breach of contract when the moving company fails to fulfill the terms of the agreement.
To recover damages, the customer of the moving company will have to provide that:
- The moving company initially received the property in good condition
- The property was either not delivered at all or was damaged when it was delivered
- The damages to the property can be calculated
It is essential for the moving company customer to be able to provide a copy of their contract, which shows that the company agreed to move the property with reasonable care. If a customer has to take their claim to court, the contract may be used to show that the moving company was liable.
Customers of moving companies may be able to find tips and information regarding issues that are related to moving from the Federal Motor Carrier Safety Administration (FMCSA). If a moving company customer does have a dispute, they may have the ability to request an arbitration hearing with the FMCSA.
It is important to note that certain moving contracts may require the parties involved to use arbitration before they are allowed to file a lawsuit against the company in court. Moving companies should provide their customers with FMCSA pamphlets that provide details regarding:
- Reaching an agreement about the details of pick up and delivery of the property
- How the company collects charges
- How the moving company is supposed to handle inquiries and complaints
- How to resolve a dispute with the company
What Are Moving Company Scams?
There are unfortunate situations in which a moving company scam does arise. These often happen when a moving company gives an estimate for handling the customer’s move well below the average market price.
When a moving company scam arises, a customer often agrees to the rate they are offered and the moving company then inflates that price and says it will not deliver their property until they pay the inflated price. The company may also tell the customer that there are more items in the delivery than were anticipated or that the items weigh more than was quoted initially.
If the moving company is running a scam, they will then inform the customer that they have to pay additional charges to get their belongings unloaded from the truck. This type of conduct is prohibited and may serve as the basis for a claim of extortion.
It is important for consumers to be aware that moving companies are permitted to add additional charges when a customer is not honest at the start of a transaction. This may happen if the customer has a large item, such as a piano, that they did not include when the moving price was quoted and confirmed.
A customer of a moving company might have issues with the company, questions about their contract, or information about suing a moving company for damages. If this is the case, they should consult with a local New York lawyer.
Who Regulates Moving Companies?
Moving at any stage of life can be very stressful, even if an individual gets help from a moving company. There are numerous reasons why an individual who is moving may want to hire a moving company for help, such as:
- They believe movers know how to handle their property professionally and keep it safe from damage
- Family and friends are not always reliable but moving professionals are usually more dependable
- Moving companies will usually do their best to provide prompt and professional moving services to their customers to ensure that their property arrives by a certain date or time
- Professional movers may be able to handle heavy or bulky items better than nonprofessionals
What Steps Should I Take When Preparing for Hiring a Moving Company?
When a potential customer is thinking of hiring a moving company, they should do some research before they choose a company to hire, which includes:
- Getting referrals: Referrals can be obtained online or by asking friends and family members for their recommendations.
- Gathering multiple cost estimates: A moving company typically cannot give an exact cost without seeing the property they will move, but they can estimate the cost to complete the move.
- A potential customer should obtain at least three estimates before they choose a company.
- Looking for companies that have their own trucks: Companies with trucks will often cost less than a company that has to rent a truck.
- Documenting the property: Take pictures of any valuable items so that, if damage occurs, it can be shown that the items were in good condition before the movers handled them.
- If damage occurs, also take pictures of the damage.
- Carefully reviewing the moving contract: This document governs the customer’s move. A reputable moving company will answer any questions about the contract before the customer signs it.
- Obtaining insurance: Federal laws require that moving companies provide moving company insurance policies.
- If the moving company customer still owns a home, the property that is being moved may be covered by their homeowner’s insurance.
- This will provide more protections than what the moving company insurance will likely provide.
- In some states, a moving company will not be held liable for any property it did not pack itself.
Are There Remedies You Can Have against a Moving Company?
If an individual has issues with their moving company, remedies may be available if they file a lawsuit. As discussed above, these lawsuits are usually based on a breach of the moving contract the parties signed.
The damages, or monetary amounts, that are awarded in these types of cases may be limited to the actual value of the property damage. If, however, a court determines that a moving company caused damage or loss to a customer’s property, it may provide additional remedies.
The court may order that the moving company provide reimbursement if the customer lost income, such as if they were taking a new job and were delayed because of property issues with the moving company.
If the amount of damages to the customer’s property was low in value, they may be able to resolve their dispute and obtain compensation in small claims court. This can be helpful to the customer because the fees are lower in small claims court, and the cases can usually be resolved faster.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you were a customer of a New York moving company that lost, damaged or did not deliver your property, you might be facing a stressful issue. It is essential to consult with a New York business attorney as soon as possible, even if you want to resolve the issue directly with the moving company itself.
Your attorney can review the contract and any other documents related to your move and advise you of your legal options in the state. In certain situations, if a moving company damages, loses, or does not deliver the property of numerous customers, it may be possible to file a class action lawsuit against the moving company.
LegalMatch can help you find your attorney quickly. LegalMatch offers access to a large database of licensed and pre-screeded lawyers who work in your location and area of legal need. Simply submit your question on the website in just a few minutes, and you can look forward to receiving responses from attorneys who are ready to help in about 24 hours.
