How to Sue a Moving Company in Texas

An individual may have the ability to sue a moving company in Texas after filing a claim with the company. In these situations, a breach of contract is the type of claim that is typically filed when a moving company fails to fulfill the terms of the agreement.

The individual will have to show that:

• The moving company received their property in good condition
• The property was either damaged when delivered or not delivered at all
• The damages can be measured

It is essential for the individual to be able to provide a copy of the contract that shows that the company did agree to move the individual’s property with reasonable care. If a customer has to go to court, this document can support their claim, showing that the moving company is responsible.

A customer can obtain information and tips about moving issues from the Federal Motor Carrier Safety Administration (FMCSA). If the customer and the moving company have a dispute, the customer can request an arbitration hearing before the FMCSA.

The contract that the customer signed with the moving company may require that they participate in arbitration before being allowed to file a lawsuit in court against the company. Moving companies are responsible for providing customers with FMCSA pamphlets that provide details about how:

• To reach an agreement about the details of pick up and delivery
• The mover must collect charges
• The mover must handle complaints and inquiries
• To resolve disputes with the mover

It is unfortunate but, moving company scams do happen. These types of schemes arise when a moving company provides below-market estimated rates for handling the move.

In these schemes, when the customer agrees to that rate, the moving company then inflates the costs and will not deliver the belongings until the customer pays the inflated price. Movers may also tell the customer that there were more items than anticipated or that they weighed more than was quoted.

The moving company may then tell the customer that they have to pay an additional charge to have their belongings unloaded from the moving truck. This type of conduct is illegal and may serve as the basis for a claim of extortion.

However, it is important to be aware that moving companies are permitted to include additional charges if the customer is not honest at the beginning. For example, if the customer has a large item, such as a piano, that was not listed when the price was quoted and confirmed.

If a customer has any concerns regarding their moving contract or suing a moving company for damages, they should consult with a local Texas lawyer.

Who Regulates Moving Companies?

Moving can be a very stressful experience. There are numerous reasons why someone may hire a moving company, such as:

• The customer trusts the movers know how to professionally handle their items and keep them safe
• Relying on family and friends, and can often be hit or miss, but professionals are usually more dependable
• Most moving companies try to provide prompt and professional services to ensure that the customers believe that their belongings will arrive by a certain date or time
• Professional movers usually handle heavy or bulky items better than nonprofessionals

It is very important that an individual does their research before they hire a moving company to make sure that their belongings are protected. They should also take additional steps, such as:

• Getting referrals: This can be done by searching the internet or asking friends and family members if they have used any professional moving services that they would recommend.
  • If an individual is working with a real estate agent, that agent may know of some reputable professional moving companies an individual can contact.
• Gathering multiple cost estimates: It is unlikely that a moving company will be able to provide a full, complete price for their work without first seeing the belongings they will be moving and estimating how much work it will take to do the job.
  • Experienced companies, however, can usually provide the best estimate.
  • It is important to obtain at least three estimates before deciding.
    • The estimates will likely be close in range and it may be best to stay away from any companies that are promising to charge considerably less than what is standard for the area.
• Looking for companies that have their own trucks: Typically, companies that have their own trucks typically cost less than companies that have to rent trucks.
• Documenting the property: Take photographs of valuable items so that, in the event of damage, the customer can show that the items were in good condition before the movers handled them.
  • If damage does occur, take photographs.
  • Be prepared to provide the documentation to the company when trying to resolve the dispute.
    • The customer will need to provide specific facts that the property was damaged, destroyed, or lost through no fault of their own.
• Carefully reviewing the moving contract: At the very least, the contract should discuss the customer’s responsibilities as a client, whether the company will subcontract the work, and what the moving company’s responsibilities are if property is damaged or misplaced.
  • Reputable moving companies will answer any questions about the contract before the customer signs it.
• Obtaining insurance: Federal law requires that every moving company provide moving company insurance policies.
  • However, these policies usually only cover a small portion of what a customer may lose.
  • Coverage usually includes between $1,200 and $9,000.
  • Additional insurance may be needed if there are particularly expensive or meaningful belongings.
  • If the customer still owns their previous home, their possessions may be covered by their homeowner’s insurance, which provides more protections than what the moving company will likely provide.
  • It is important to note that, in some states, moving companies are not held liable for anything they did not pack themselves.

If an individual has an issue with a moving company, they may be able to file a complaint with the Better Business Bureau (BBB).

Are There Remedies You Can Have against a Moving Company?

Lawsuits against moving companies are usually based on breach of contract claims, as discussed above. The damages, or money that will be awarded, may be limited to the actual cost of the property damage.

If, however, the court determines that the moving company was responsible for the loss or damage to a customer’s belongings, it may be able to provide an additional remedy. The court may order that the moving company must reimburse the customer for any lost income if they were moving to another state or were taking a new job and, because the company was delayed or late, it caused the individual to have issues at their job.

If the amount of property damage is low, the individual may be able to file a claim in small claims court. This can be advantageous as the fees are lower than regular court feeds, and resolutions are often reached more quickly.

If the customer moved across state lines, they may be able to file a claim for a violation of federal laws, such as the Carmack Amendment. This amendment applies to shipments that cross state lines.

What Kind of Lawyer Do I Need to Sue a Moving Company?

If your moving company in Texas has lost, damaged, or failed to deliver your property, it may be a very stressful situation. If you cannot resolve the issue with the company itself, it is important to reach out to a Texas business attorney.

Your attorney can review all of the documentation, including contracts and invoices, related to your move and advise you of your legal options. In certain cases, when the moving company damages the property of many different customers, it may be possible to file a class action lawsuit against the moving company.