Reportedly, many moving companies engage in deceptive practices. Some companies commit fraud. They may collect a large advance from a potential customer as an advance and then disappear without providing any moving service at all.
Of course, the basic goal of dishonest tactics is to extract more money from customers for less service. However, all situations that might seem to be scams are not necessarily fraudulent. For example, delays in delivering a person’s belongings may be caused by genuinely unforeseen circumstances, such as weather conditions or unexpected road closures.
Many people experience the delayed delivery of their belongings to their final destination in long-distance moves. In addition, there can be honest errors and miscommunication. A moving company only estimates the weight of a person’s belongings and the time it is going to take to complete a move. The final weight and time may differ from estimates for legitimate reasons.
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 a 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.
In Washington, the state’s Utilities and Transportation Commission (UTC) regulates household moving companies. Companies that make intrastate moves within Washington are required to have a UTC permit and must follow all state regulations regarding safety, insurance, and service.
The UTC further requires moving companies to charge reasonable rates and perform a move within a reasonable time. Moving companies without a permit operate outside the law, and they offer no guarantee of protection if a person’s belongings are lost, destroyed, or damaged. While the UTC can enforce the law and help protect a person when the person hires a company with a UTC permit, the UTC may not be able to help a person if they hire an illegal moving company.
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 must pay if a customer’s belongings are damaged or destroyed is the value of the lost or destroyed belongings or the cost to repair them if they are only 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 carrier transports to the customer’s new location. The 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.
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 an interstate move if they wish. The parties would want to be sure to put their agreement in writing.
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 Washington 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 of the moving company requested damages of $5 million. They claimed that the moving company essentially held their property ransom. When they paid the ransom demanded by the company to get their belongings back, their belongings were returned in a damaged condition. The company never returned some items.
Who Regulates Moving Companies in Washington?
The U. S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA) regulate moving companies when they move households from one state to another, known as “interstate” moves. The FMCSA licenses moving companies that perform interstate moves. As noted above, the Carmack Amendment to the Interstate Commerce Act applies to moving companies when they perform interstate moves.
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 who plans a move within Washington may still check out the USDOT number of their intrastate mover to learn its status and get useful background information about a moving company.
If a person’s shipment is lost or damaged during an intrastate move within Washington, they may file a claim for loss or damage with their moving company as follows:
- After paying all legal charges, a person should file their claim in writing;
- The claim should be filed within 9 months of the date of delivery or expected delivery;
- A person should Include their bill of lading or some other information to identify the property that has allegedly been lost or damaged;
- A person should keep any damaged property as the mover has a right to inspect it.
A person’s moving company must provide all information and forms necessary for filing a claim. Once a person has submitted a claim, the moving company must acknowledge it within 10 days.
A person should work with the moving company first to try to resolve their claim. If a person does not get satisfaction from the moving company, they may contact the UTC staff for help. The UTC may try to help negotiate a resolution. However, the UTC cannot force either the person making a claim or the moving company to resolve the situation.
If a person does not get satisfaction from their moving company, they may file a lawsuit in a court of law.
What Are the Liabilities for a Moving Company?
As noted above, a moving company that engages in interstate moves has limited liability. It must pay only the value of lost or destroyed belongings or the cost of repairing them if they are damaged only.
If the moving company is a company engaged in an intrastate move, it may have more extensive liability as explained below.
What Remedies May I Get from a Moving Company?
If the move is an interstate move, then the federal Carmack Amendment limits the action that a person can take against their interstate mover and the remedy that a person may recover.
Per the Carmack Amendment, a customer is limited to recovering the value of the actual loss or damage to their 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 a lawsuit becomes necessary.
If the move is a Washington intrastate move, a person might sue a moving company for damages 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.
If a person were to sue for negligence or fraudulent misrepresentation and the facts of their case justify it, 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 economic and non-economic losses. So, for example, if a person and their family must stay in a motel because their belongings are not delivered on the date promised, they would want to keep receipts to show the cost of their stay.
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. So, another option a person might have if their belongings are lost, damaged, or destroyed is to look to any insurance policy they may have for compensation.
What Kind of Lawyer Do I Need to Sue a Moving Company?
If you have suffered losses in connection with a move, you want to talk to an experienced Washington business attorney.
LegalMatch.com can quickly connect you to an attorney in Michigan who can analyze the facts of your case and help you recover for your losses, either from the moving company that performed your move or the insurance coverage you had.
