Moving Company Claims and Damages

Moving company disputes are among the most stressful consumer complaints. The moving industry handles approximately 35 million moves annually in the United States, and the Federal Motor Carrier Safety Administration (FMCSA) receives thousands of complaints each year about damaged goods, hostage loads, and fraudulent estimates. Understanding your rights under federal regulations and the strict deadlines for filing claims is essential when your move goes wrong.

Interstate vs. Intrastate Moves

Your legal protections depend on the type of move:

Interstate Moves (Across State Lines)

Interstate moves are regulated by federal law under the FMCSA (49 U.S.C. 14706, the "Carmack Amendment"). Key protections include:

• Movers must be licensed with a USDOT number
• Required to offer two valuation options
• Must provide a written estimate before the move
• Cannot hold your shipment hostage for more than the written estimate (binding) or 110% of the estimate (non-binding)
• Must acknowledge claims within 30 days and resolve within 120 days

Intrastate Moves (Within One State)

Intrastate moves are regulated by state law. Protections vary significantly:

• California: Public Utilities Commission regulates (Cal. PUC 5109)
• Texas: Department of Motor Vehicles regulates (Tex. Transp. Code 643)
• Florida: Department of Agriculture regulates (Fla. Stat. 507)
• New York: Department of Transportation regulates

Common Moving Company Disputes

Damaged or Lost Items

The most common complaint. Your recovery depends on the valuation coverage you selected:

• Released Value (Basic): Free coverage at $0.60 per pound per item. A 50-pound TV worth $1,000 recovers only $30.
• Full Value Protection: Mover must repair, replace, or pay current market value. Typical cost is 1% of declared value.

Hostage Load Situations

Movers illegally holding your belongings until you pay inflated charges:

• For interstate moves, movers cannot demand more than the written estimate (binding) or 110% of the estimate (non-binding) at delivery
• Any additional charges must be billed within 30 days after delivery
• Hostage situations may constitute criminal extortion in some states

Fraudulent Estimates

Lowball estimates that dramatically increase after loading:

• Binding estimate: Final price is guaranteed (barring undisclosed items or services)
• Non-binding estimate: Final price based on actual weight, but must be reasonably accurate
• Binding not-to-exceed: You pay the lesser of estimate or actual charges

Late Delivery

Movers failing to deliver within the promised timeframe:

• Check your contract for the delivery window (often a range, not a specific date)
• Many contracts limit liability for delays to specific daily amounts
• Consequential damages (hotel costs, storage) may be recoverable depending on contract terms

Valuation Coverage Comparison

Understanding your coverage options is critical before filing a claim:

Coverage Type	Cost	Recovery Amount	Best For
Released Value	Free (included)	$0.60/lb per item	Heavy, low-value items
Full Value Protection	~1% of declared value	Repair, replace, or FMV	Valuable items
Third-Party Insurance	Varies ($200-$500+)	Per policy terms	High-value moves

Your Legal Rights

Federal and state laws provide specific protections for moving consumers:

Carmack Amendment (Interstate Moves)

The Carmack Amendment (49 U.S.C. 14706) is the primary federal law governing interstate moving:

• Strict liability: Movers are liable for damage regardless of fault
• Limited defenses: Only acts of God, public enemy, shipper negligence, or inherent vice
• Claim deadline: 9 months from delivery to file a written claim
• Lawsuit deadline: 2 years from claim denial to file suit

FMCSA Regulations (49 CFR Part 375)

Federal regulations impose specific requirements on interstate movers:

• Must provide "Your Rights and Responsibilities When You Move" booklet
• Must conduct pre-move survey for shipments over 1,000 miles
• Cannot require payment by cash or money order only
• Must acknowledge claims within 30 days
• Must offer to settle or deny claims within 120 days

State Consumer Protection Laws

State laws may provide additional remedies beyond federal protections:

State	Law	Potential Recovery
California	Cal. Civ. Code 1750 (CLRA)	Actual damages + attorney's fees
Texas	Tex. Bus. & Com. Code 17.41 (DTPA)	Up to 3x damages
Florida	Fla. Stat. 501.201 (FDUTPA)	Actual damages + attorney's fees
New York	N.Y. Gen. Bus. Law 349	$50 minimum + attorney's fees

Critical Deadlines

Missing these deadlines can forfeit your rights entirely:

Deadline	Timeframe	Action Required
Note damage at delivery	At delivery	Write exceptions on inventory sheet
File written claim	9 months from delivery	Submit formal claim to mover
Mover acknowledgment	30 days from claim	Mover must acknowledge in writing
Mover response	120 days from claim	Mover must offer settlement or deny
File lawsuit	2 years from denial	File in court or request arbitration

Step-by-Step: Filing a Moving Company Claim

Step 1: Document Damage at Delivery

This is the most critical step. Before the driver leaves:

• Inspect every item as it's unloaded
• Note ALL damage or missing items on the inventory sheet
• Write "DAMAGED" or "MISSING" next to affected items
• Take photos and videos of damage immediately
• Keep a copy of the signed inventory

Step 2: File a Formal Written Claim

Submit a written claim to the moving company within 9 months. Include:

• Your name, address, and contact information
• Move date, origin, and destination
• Bill of lading or contract number
• Itemized list of damaged/missing items
• Description of damage to each item
• Claimed value for each item (with supporting documentation)
• Photos of damage
• Copies of receipts or appraisals

Step 3: Respond to the Settlement Offer

The mover must respond within 120 days. If you disagree with their offer:

• Send a written rejection explaining why the offer is inadequate
• Provide additional documentation supporting your valuation
• Request arbitration if available through the mover's program

Step 4: Request Arbitration

Interstate movers must offer neutral arbitration for disputes:

• Arbitration must be requested in writing
• Available for claims involving loss or damage to household goods
• Mover must pay for arbitration (consumer may have small filing fee)
• Decision is binding on the mover, but consumer can reject and sue

Step 5: File Regulatory Complaints

Complaints to regulatory agencies create pressure and may help resolve disputes:

• FMCSA: nccdb.fmcsa.dot.gov (interstate moves)
• State PUC/DMV: For intrastate moves
• Better Business Bureau: bbb.org
• State Attorney General: Consumer protection division

Step 6: Send a Formal Demand Letter

Before litigation, send a demand letter. Include:

• Chronological summary of the move and claim process
• Specific federal regulations violated (cite 49 CFR Part 375)
• Total amount demanded with itemized breakdown
• Deadline for response (typically 14-30 days)
• Statement that you will pursue legal action and arbitration if not resolved

Calculating Your Damages

Your recovery depends on the valuation coverage selected:

Released Value Coverage ($0.60/lb)

• Multiply item weight by $0.60
• Example: 50-lb dresser = $30 maximum recovery
• This is the minimum coverage and often inadequate

Full Value Protection

• Repair: If item can be restored to original condition
• Replace: If item cannot be repaired, replacement with similar item
• Cash settlement: Current market value if repair/replacement unavailable

Additional Damages

You may also recover:

• Delay damages: Hotel, meals, storage if delivery is late
• Hostage situation costs: Additional amounts paid under duress
• Consequential damages: If covered by your contract or state law

Major Moving Company Policies

Understanding company-specific claim processes:

Company	Claim Filing	Arbitration
United Van Lines	Online portal available	ATA program
Allied Van Lines	Online portal available	ATA program
Mayflower Transit	Online portal available	ATA program
North American Van Lines	Phone or mail	ATA program
PODS/Containers	Online claim form	Per contract terms

Frequently Asked Questions

What if I didn't notice damage until after the movers left?

You can still file a claim for concealed damage. Document the damage with photos as soon as you discover it, and file your claim within 9 months of delivery. Concealed damage claims are harder to prove, but still valid if the damage is consistent with moving.

Can the moving company limit their liability to $0.60 per pound?

Only if you were offered Full Value Protection and chose Released Value instead. The mover must provide a written explanation of valuation options. If they didn't offer Full Value Protection, they cannot limit liability to the released value amount.

What if the mover won't release my belongings until I sign a waiver?

This is illegal. You cannot be required to waive your right to file a claim as a condition of delivery. If pressured, note "signed under duress" on any documents, pay what's legally required, and file complaints immediately with FMCSA and your state attorney general.

How do I prove the value of damaged items?

Gather purchase receipts, credit card statements, photos of items before the move, appraisals for antiques or art, and comparable retail prices for similar items. The burden is on you to prove value, so the more documentation, the better.

What if the moving company goes out of business?

Interstate movers must maintain a $75,000 minimum bond (larger for bigger operations). Contact the bonding company to file a claim. Also check if the mover was a broker who used another carrier—the actual carrier may still be liable.

Can I sue in small claims court for moving damages?

Yes, for amounts within your state's limit. However, for interstate moves, federal law (Carmack Amendment) preempts some state law claims. Focus your claim on the specific protections and liabilities under federal moving regulations.

Prevention Tips

• Verify licensing: Check FMCSA for interstate, state agency for intrastate
• Get binding estimates: Protects against price inflation at delivery
• Buy Full Value Protection: The per-pound coverage is nearly worthless
• Photograph everything: Before packing, take photos of all valuable items
• Create an inventory: List all items with descriptions and values
• Read the contract: Understand liability limits, delivery windows, and claim procedures
• Keep high-value items with you: Jewelry, important documents, electronics

Resources

• FMCSA Mover Search: safer.fmcsa.dot.gov
• FMCSA Complaints: nccdb.fmcsa.dot.gov
• Your Rights and Responsibilities: FMCSA required disclosure booklet
• American Moving and Storage Association: moving.org
• Better Business Bureau: bbb.org