In Oregon, the Commerce and Compliance Division of the Oregon Department of Transportation (ODOT) regulates moving companies. Oregon law requires moving companies to give every customer a copy of the “Moving Household Goods in Oregon General Information Bulletin.” This document offers the following advice for a person who is moving their household:
- Be flexible
- Use a mover certified by ODOT and ask the moving company to provide its certificate number
- Get a written, signed estimate and keep it
- Be fully ready to go when the mover arrives
- Work with the mover to prepare an inventory of all items to be moved
- Understand and agree with the bill of lading before signing it
- Ask the moving company to explain the limits of liability and the options in case of loss or damage to the belongings that are moved
- Be at the destination at the time agreed upon for delivery
- Check the condition of your belongings before signing a delivery receipt.
If a person has a problem with an intrastate moving company, they may submit a complaint to the Commerce and Compliance Division.
Moving companies are not required to provide an inventory list of goods moved locally. As noted above, a person should prepare their own inventory and check all items and boxes as they are loaded and unloaded.
Having insurance is also an option a person should study to protect their belongings in a move.
- A person should consult the Household Goods Bulletin for insurance options and value information for their move
- Other options for protecting the value of a person’s belongings may be offered by the moving company if the ODOT has approved them
- A person should make sure the bill of lading indicates the option a person has chosen for insurance before signing
- A person must choose an option. If the moving company fails to have a person choose an option, Replacement Cost
- Protection is chosen at the person’s expense
- If the actual value of a person’s goods is higher than the amount they declare on the bill of lading, they may NOT be fully covered. If a person is not sure of the value of their goods, they should check their homeowner’s policy or contact their insurance agent.
When a person plans to hire a moving company, whether they are moving within Oregon or out of state, they want to know their rights regarding the following issues:
- Estimates
- Bill of lading
- Insurance coverage
- Claims for loss or damage.
If the federal Carmack Amendment applies, and it does apply to interstate moves, it has the effect of limiting the liability of moving companies. Specifically, the damages that a moving company pays if a customer’s belongings are damaged or destroyed are limited to the value of the lost or destroyed belongings or the cost to repair them if they are damaged.
In order to ensure that the Carmack Amendment applies, a moving company must issue a receipt, or bill of lading, for the property that the company transports to the customer’s new location.
A moving company is responsible for any damage to belongings that it has transported. The owner does not have to prove that the moving company was in any way negligent in order to collect damages.
The statute of limitations for a Carmack Amendment claim is 9 months from the date of the loss.
A person could have experienced a significant loss from a clear fraud, e.g., the moving company collects a large deposit and disappears without providing any service. In that case, they would want to talk to a local Oregon lawyer. Their lawyer might advise them to report their experience to law enforcement as they may have been the victim of a crime. Then, they could discuss the possibility of suing the moving company for damages.
In some situations, it may also be possible to join a class action lawsuit against a moving company on occasion. In one reported class action lawsuit, the customers alleged that a moving company ran a scheme in which it held their invaluable family heirlooms hostage after loading them onto their moving vans. The moving company then demanded that their customers pay cash ransoms amounting to a thousand dollars to get the return of their property.
The customers sought $5 million in damages, alleging that the moving company held their property ransom. When they paid the ransom, their belongings were returned in a damaged condition, and some items were never returned.
What type of lawsuit a person may file is going to depend on the unique facts of the person’s situation.
Who Regulates Moving Companies?
In every state, including Oregon, the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate moving companies that do interstate moves. The FMCSA licenses moving companies that move people from one state to another.
In addition to licensing moving companies, the FMCSA is in charge of formulating and enforcing safety regulations for interstate moving companies. The FMCSA requires all moving companies to have a USDOT number and to comply with federal safety regulations.
When moving out of state, a person can check the USDOT number of a moving company by going to the FMCSA website at the following web address:
It is true that the FMCSA and USDOT regulate interstate moving companies only. However, a person may still check out the USDOT number of their intrastate mover to learn its status and get useful background information about the company.
A person should check a company’s complaint history and reputation with the Better Business Bureau and other organizations that aim to protect consumers. A person wants to read online reviews.
Additional recommendations are as follows:
- Get at least 3 written estimates from 3 different companies
- Do not always choose the low estimate because dishonest moving companies may give a person a low estimate to get the business and then demand more money later in the move
- Ask a moving company to provide a detailed written estimate of all possible charges and additional fees
- Do not pay cash or a large deposit before the move happens. Use a credit card to pay as this offers some protections if there is a problem
- Move items of exceptional value; do not entrust them to a moving company. Such items as cash, valuable electronics, jewelry, medications, medical equipment, and records that contain confidential information, e.g., Social Security numbers and bank account numbers, should not be entrusted to a moving company
- Be present when the move happens to ask questions, provide direction, and make sure nothing is left unmoved
- Do not sign blank or incomplete documents
- Get copies of everything they sign.
Another option a person has is to buy moving insurance. If a person has insurance, they may turn to their insurance company to reimburse them for any losses they suffer. Of course, a person must also be cautious when buying insurance to make sure they get the coverage they need from a company that pays when a legitimate claim is submitted.
If a person hires a moving company, the company is responsible for the belongings that it moves. In fact, if a person is making an interstate move, federal law requires the moving company to offer 2 kinds of moving company insurance policies. The type a person chooses determines the payout they would receive if any of their belongings are lost or damaged.
In the state of Oregon, the Commerce and Compliance Division of ODOT regulates moves within the state of Oregon.
What Remedies Are Available from a Moving Company?
If the move is an interstate move, then the federal Carmack Amendment limits the legal action that a person can take against the interstate mover and the remedy that a person may recover.
A customer is limited to recovering the value of the actual loss or damage to the property caused by the moving company. So, damages for non-economic losses would not be available in a Carmack claim involving an interstate move. A person also has to file a lawsuit in federal court.
If the move is an intrastate move, a person might sue a moving company for breach of contract, breach of warranty, negligence, or fraudulent misrepresentation. In most cases, a person would want to recover money damages to compensate them for their economic losses. For example, they might seek compensation for lost belongings or expenses they incurred because of a delay in delivery.
A person might sue for negligence or fraudulent misrepresentation, and the facts of their case justify it. In that case, they might also recover an award of money for non-economic damages, such as emotional distress, pain and suffering, or even possibly punitive damages.
It is always important to remember that a person must have evidence to prove their losses, both economic and non-economic.
What Kind of Lawyer Do I Need to Sue a Moving Company?
You may have suffered losses because of poor service or worse from a moving company. In that case, you want to talk to an experienced Oregon business attorney. LegalMatch.com can quickly and easily connect you to an Oregon business attorney who can analyze the facts of your case and help you recover compensation for your losses, either from the moving company that performed your move or the insurance coverage you had.
