If an individual in Illinois has an issue with their moving company, they may have the ability to sue the company. When a lawsuit is filed based on these types of issues, it is usually a breach of contract claim because the company did not complete their obligations under the contract.
A customer will have to show certain things in order to have a successful claim in court, such as:
- Their property was in good condition when the moving company received it
- The property was either damaged when it was delivered by the company or was not delivered
- The damage that occurred to the property can be monetarily valued or calculated
If an individual did hire a moving company, they should keep a copy of their contract in case they need to use it at a later time to show the moving company agreed to move their property with reasonable care. If a lawsuit has to be filed, the contract can be used as evidence of liability of the moving company.
Because a moving contract may require that the parties use arbitration to try and resolve their dispute before filing a lawsuit in court, it is important for an individual to read their contract carefully or consult with a lawyer for help.
Who Regulates Moving Companies?
Moving companies can be regulated by different agencies, both state and federal. If the individual’s move goes across state lines, it is regulated by the United States Department of Transportation (USDOT), the Federal Motor Carrier Safety Administration (FMCSA), and other state agencies.
The FMCSA is the federal agency that creates and enforces safety regulations that apply to interstate moving companies, bus and trucking companies, and individuals who hold commercial driver’s licenses. These types of companies that the FMCSA governs will also typically have USDOT numbers.
If an individual’s move is in-state, it may be governed by different agencies that will vary depending on the state. For example, an individual’s in-state move may be governed by the following:
- Consumer services departments
- Departments of transportation
- Public utilities commissions
What Are Moving Company Scams?
It is important for a potential moving company customer to be aware that scams are perpetrated when people are moving. These scams usually begin with a company providing a potential customer with an estimate that is well below the market price for that type of moving job.
In scams run by a moving company, a customer may agree to a rate that the company offers. Once that occurs, the company then raises the price and tells the customer that their belongings will not be delivered unless they pay that inflated price.
The company running the scam may also say that there are more items in the move than were anticipated or that the items being moved are heavier than initially quoted. In these cases, the company will say that the customer has to pay additional fees before their belongings will be taken off the truck.
These types of scams can serve as the basis for a claim of extortion against the company. However, customers should be aware that if they are not honest about their belongings or the weight of those belongings when the quote is provided, the company is permitted to add additional fees.
An individual might have issues with their moving company, questions regarding the moving contract they signed, or any questions about suing a moving company for damages. If that is the case, they should consult with a local Ohio lawyer.
What Steps Should I Take When Preparing to Hire a Moving Company?
A move of any type can be very stressful, even if an individual has the help of a moving company. There are numerous reasons individuals hire moving companies, such as believing the professionals will be better equipped to handle their property, their family and friends may not be reliable help, and professionals may be better at handling large and heavy objects.
If someone is considering hiring a moving company to help with their move, they should take certain important steps before they choose their company, including:
- Get referrals from family and friends or online
- Look for companies with their own trucks, as they usually cost less than those that do not
- Take photos of the property before the moving company picks it up to show its condition
- Obtain additional insurance to the moving company insurance policies companies have to provide under federal law.
- When a customer owns their home, their belongings are likely covered under their homeowner’s insurance policy
Are There Remedies You Can Have against a Moving Company?
Remedies may be available against a moving company if an individual runs into issues during their move. As previously noted, a lawsuit in this type of situation will likely be based on a breach of contract.
The customer may be awarded compensatory damages or money damages. The amount will likely be limited to the value of the property that was damaged.
There may be other types of remedies provided if the company causes loss or damage or does not deliver the property. If a customer was moving to a new state for a new job, for example, and they were delayed and had issues starting their new job, they may receive compensation for the income they lost because of their property issues.
If the amount of damages that an individual incurred were not high in value, an individual may be able to resolve their issue and obtain compensation in an Ohio small claims court. Small claims courts usually have lower fees and cases are usually resolved faster.
No matter what avenue an individual chooses to obtain compensation for their moving issues, they should seek legal advice to ensure that they are taking the best approach to receive compensation for their moving issues.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If an Ohio moving company loses, damages, or fails to deliver your property when you are moving, it can be extremely upsetting. You may be seeking to resolve your issue and obtain compensation, whether in court, small claims court, or with the company itself. If so, it is essential to first consult with an Ohio business attorney for advice.
Your lawyer can review the contract you signed with the moving company as well as any other documents that you have related to your move and provide you with advice about your options to obtain compensation. If the moving company caused damage to your property, lost your property, or did not deliver your property and did the same thing to a large number of other customers, it may be an option to file a class action lawsuit against a moving company.
LegalMatch provides you with access to licensed and pre-screened lawyers who are in your area and are ready to start helping you resolve your issue. Simply submit your issue on the website, and you will receive responses in about 24 hours, including the lawyer’s fees, background, education, and reviews from other clients.
Because you can submit your question for free and you are not required to hire any lawyer who responds, you have nothing to lose seeking legal help with LegalMatch.
