A moving company customer in Pennsylvania can sue their moving company if they had issues when they were moving. When these issues arise, the claims that are filed will usually be based on a breach of contract if the moving company fails to fulfill the terms of the agreement.
The customer to the moving company will have to prove certain elements to recover damages, such as:
- The moving company received the customer’s property in good condition
- The property was either not delivered or was damaged at the time it was delivered
- The damage that was caused to the property can be calculated
A customer who hires a moving company should be able to provide a copy of the contract that they signed showing the moving company agreed to move their property with reasonable care. If the customer ends up taking their claim to court, the contract can serve as evidence that the company is liable.
A customer of a moving company can find information and tips about issues related to moving from the Federal Motor Carrier Safety Administration (FMCSA). If a dispute does arise, the customer may be able to ask for an arbitration hearing with the FMCSA.
A moving contract may require that the parties to the contract participate in arbitration prior to being allowed to file a lawsuit against the company in court. The moving company should give customers FMCSA pamphlets that provide details about:
- Agreeing on the details of pick up and delivery of the property
- How the moving company collects payment
- How the moving company handles inquiries and complaints
- How to resolve a dispute with the moving company
What Are Moving Company Scams?
Potential customers need to be aware that there are moving scams perpetrated on individuals seeking help moving. These scams may begin with a moving company providing an estimate for a customer’s move that is far below the average market price for moving jobs.
In many moving company scams, the customer will agree to the rate that was offered by the moving company. Then, the company will inflate that price and say they will not deliver the consumer’s property unless they pay that higher price.
The moving company may also inform the customer that there were more items in their delivery than the company anticipated or that the items included weighed more than was initially quoted. The company may then tell the customer that they will be required to pay additional charges to have their belongings unloaded from the truck.
These scams are against the law and may form the basis of an extortion claim. Consumers should be aware that moving companies are allowed to charge additional charges if the consumer is not honest with the company at the beginning of the transaction.
Additional charges may be applied if a customer has a large item, such as a piano, that was not listed when the moving price was quoted and accepted by the consumer. A moving company customer might have issues with their moving company, questions regarding their moving contract, or about suing a moving company for damages. If this is the case, it is important to consult with a local Pennsylvania lawyer.
Who Regulates the Moving Companies?
Moving companies are regulated by different agencies, both state and federal. For moves that cross state lines, a moving company will be regulated by the United States Department of Transportation (USDOT), the Federal Motor Carrier Safety Administration (FMCSA), and other local state agencies. The FMCSA is the federal agency that creates and enforces safety regulations for interstate moving companies, bus companies, trucking companies, and individuals who have commercial driver’s licenses.
Companies that are governed by this agency will typically have USDOT numbers. All moving companies must have one of the numbers and comply with federal safety regulations.
In-state moves will be governed by various state agencies, which are unique to each state. For example, it may be handled by the public utilities, department of transportation, or public utilities commission.
What Steps Should I Take When Preparing for Hiring a Moving Company?
No matter when or why an individual is moving, it can be stressful, even with help from a moving company. There are many reasons why people use moving companies, such as:
- The individuals think movers know how to handle their property professionally and will keep it safe from damage
- Family and friends are not always the most reliable, but movers are usually dependable
- Professional movers can often handle heavy or bulky items better than non-movers
If a potential moving company customer is considering using a company to help them with their move, there are certain steps they should take before choosing what company to hire, for example:
- Get referrals: These can be found online or by asking friends and family members.
- Get multiple cost estimates: Usually, an exact cost will not be available without seeing the property, but an estimate can be provided.
- It is important to get at least three estimates before choosing a moving company.
- Look for companies with their own trucks: A company that has its own truck will typically cost less than a company that has to rent one.
- Document the property: Pictures of the property should be taken so that, if damage does occur, it can be proven that the property was received in good condition.
- If damage to the property occurs, also take pictures of that damage.
- Obtain insurance: Federal law requires that a moving company provides moving company insurance policies.
- If the customer owns a home, their property that is being moved will likely be covered by their homeowner’s insurance.
- This will give additional protection amounts than what the moving company insurance will likely provide.
- Sometimes, moving companies will not be liable for property they did not pack.
Are There Remedies You Can Have against a Moving Company?
Yes, an individual may have remedies available against a moving company if they have issues during their move. A lawsuit will usually be based on the breach of the moving contract that the parties signed.
A monetary amount, called damages, may be awarded in these types of cases. It is important to be aware that the amount of these damages is limited to the actual value of the damaged property.
If the court determines that the company did cause damage or loss to the customer’s property, additional remedies may be provided. For example, if the individual was moving states or for a new job and had issues, such as income loss, with their new job because of their property being delayed or not arriving.
If the damages caused were low in value, the individual may be able to resolve the issue and be awarded compensation in a small claims court. Customers may want to take this approach because the fees may be lower, and the case may be resolved faster.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If your Pennsylvania moving company damaged, lost, or did not deliver your property, it may be a very stressful time. It is very important that you reach out to a Pennsylvania business attorney, even if you are interested in resolving the issue directly with the moving company.
Your lawyer can review your moving contract as well as other documents that are related to your move and provide you with advice regarding your legal options. In some cases, if the moving company caused damage, lost, or did not deliver property of many different customers, it may be possible to file a class action lawsuit against that moving company.
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