When a person plans a move within the state of South Carolina, they would look to South Carolina law for help. They would ask the moving company for its PSC/ORS certificate number and call the Office of Regulatory Staff of the South Carolina state government to verify this number and make sure it is legitimate. Their certificate number should also be visible on each side of the vehicles they use for moving.
The first thing a person should do when their move within the state of South Carolina has concluded is to unpack all boxes and other items and inspect their belongings as soon as possible. If they discover that items have been damaged, they should ask the moving company for an insurance claim form immediately. The person should then file their damage claim form immediately with the moving company.
Before the move, a person should always ask about the limits of the moving company’s insurance coverage. They would also want to ask about whether the company offers additional coverage and if so, at what cost. A person may also want to buy their own insurance, which is yet another option.
A moving company representative should come out and visually inspect a person’s household goods and physical location. The moving company should prepare an inventory of the belongings that it is going to move. It should also assess the situation generally before offering an estimate of the cost of the move.
Both the moving company and the carrier should note any existing damage to your goods prior to the move. An inventory should always accompany your move. A local South Carolina attorney would be able to provide more information.
An interstate move is a move from one state to another. Interstate moves are regulated primarily by the Federal Motor Carrier Safety Administration (FMCSA). In an interstate move, a moving company must provide its customer with a written estimate of total charges or a guaranteed total price. If a person works through a broker and the broker gives them an estimate, the estimate must be in writing.
If the federal Carmack Amendment applies, and it does apply to all interstate moves, it effectively limits the liability of moving companies. Specifically, the damages that a moving company must pay if a customer’s belongings are damaged or destroyed is an amount equal to the value of the loss of the goods.
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 carrier transports. The moving company is responsible for any damage to belongings that it has transported. The owner does not have to prove that the carrier has been negligent in any way.
The carrier may avoid liability by proving that one of the exceptions to Carmack liability applies if one of the following circumstances caused the damage:
- An act of God
- The act of a public enemy
- An act or default by the person shipping the items
- The act of a public authority
- The inherent nature of the goods shipped
The statute of limitations for a Carmack Amendment claim is 9 months from the date of the loss. The parties to an interstate moving agreement are able to change the provisions of federal law that apply to a move. They can also change liability for entities in the chain of transport. The parties would want to be sure to put their agreement in writing.
A person might have experienced a significant loss from a clear fraud, e.g., the moving company collects a large deposit and disappears without providing any service. If that is the case, they would want to talk to a local South Carolina 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.
What a person does if they experience a problem with a moving company would depend on the nature of the problem and the type of move, whether interstate or intrastate. The first step would be to notify the moving company about any problems. A person should submit a complaint in writing to their moving company as soon as they learn about the problem.
A person may also file a complaint with the appropriate federal agency if their move was an interstate move. They would contact the Federal Motor Carrier Safety Administration (FMCSA, Office of Motor Carrier Analysis, 1200 New Jersey Avenue SE, Washington DC 20290, call 1-888-368-7238, or visit their website.
However, the FMCSA does not resolve claims. They might obtain a settlement offer from the moving company. If a person is not satisfied with the offer, they would want to file a lawsuit.
It may also be possible, on occasion, to join a class action lawsuit against a moving company. 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 would depend on the unique facts of the person’s situation.
