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  1. #1
    Join Date
    Aug 2019
    Posts
    5

    Default Moving Company Fails to Resolve Claims

    My question involves a consumer law issue in the State of: interstate transport

    Background:
    I hired a moving company based in Texas to perform two services: transport my car from NJ to CA in August, and transport my home furnishings from NJ to CA in September. The company has a DOT number and MC number, visible at the Federal Motor Carrier Safety Administration (FMCSA).

    My car arrived damaged. The mover admitted it was in his care when damaged and that he would provide an insurance claim number the same day (I have this in an email). I do not know what state the incident occurred in. This was two weeks ago. I have since email, phoned, and texted him to no response. In the meantime, he has my home furnishings in storage in Texas, and I am concerned they will be held hostage since I have not heard from him.

    I have the contract, his cargo and liability insurance policies, saved emails and texts, and before/after pictures. I was away during pickup and delivery, but have witnesses with multiple-angle pictures of the vehicle. I also have the moving company's social media profiles, as well as the moving vehicle's license plate, the Penske trailer hitch's license, and the driver's first name and number.

    I have reached out to my auto insurance, his liability insurance, and his cargo insurance. I was told his cargo insurance excludes vehicle transportation. I also filed a complaint with the FMCSA and the Better Business Bureau. The insurance companies thus far have not heard back from him. Without first hearing from him, insurance cannot segregate the claim for reimbursement.

    What can I do? I've considered filing small claims, even calling local Texas PD to see if they'll knock on his door. I don't want my goods held hostage, nor my insurance deductible unredeemed.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Moving Company Fails to Resolve Claims

    Quote Quoting dvartany
    View Post
    My question involves a consumer law issue in the State of: interstate transport

    Background:
    I hired a moving company based in Texas to perform two services: transport my car from NJ to CA in August, and transport my home furnishings from NJ to CA in September. The company has a DOT number and MC number, visible at the Federal Motor Carrier Safety Administration (FMCSA).

    My car arrived damaged. The mover admitted it was in his care when damaged and that he would provide an insurance claim number the same day (I have this in an email). I do not know what state the incident occurred in. This was two weeks ago. I have since email, phoned, and texted him to no response. In the meantime, he has my home furnishings in storage in Texas, and I am concerned they will be held hostage since I have not heard from him.

    I have the contract, his cargo and liability insurance policies, saved emails and texts, and before/after pictures. I was away during pickup and delivery, but have witnesses with multiple-angle pictures of the vehicle. I also have the moving company's social media profiles, as well as the moving vehicle's license plate, the Penske trailer hitch's license, and the driver's first name and number.

    I have reached out to my auto insurance, his liability insurance, and his cargo insurance. I was told his cargo insurance excludes vehicle transportation. I also filed a complaint with the FMCSA and the Better Business Bureau. The insurance companies thus far have not heard back from him. Without first hearing from him, insurance cannot segregate the claim for reimbursement.

    What can I do? I've considered filing small claims, even calling local Texas PD to see if they'll knock on his door. I don't want my goods held hostage, nor my insurance deductible unredeemed.
    You have two very different issues here.

    1. The damage to the car. File the claim with your insurance, give them all the info you have on the company and they should be able to find what they need in order to subrogate against his insurance.

    2. Your property. When was it supposed to be delivered by per the contract?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,783

    Default Re: Moving Company Fails to Resolve Claims

    Regarding the personal property the mover is holding;

    until there is a breach of contract, he has done nothing wrong. Your suspicions or concerns are not supported by anything. Unless you have a desire to alter the contract, youíll have to wait until the delivery date to know whether your fears are warranted.

    Regarding your car damage; have you actually filed a claim with his liability insurance carrier?

    Your statement regarding learnjng hjs cargo insurance does not cover vehicles suggests you havenít read your contract throughly. You should probably read and attempt to understand your contract before you start chasing any issue down the wrong path.

  4. #4
    Join Date
    Aug 2019
    Posts
    5

    Default Re: Moving Company Fails to Resolve Claims

    Thank you.

    The mover has the window Sept. 8-18 to delivery my furnishings.

    As for the vehicle, it was picked up and delivery after the contracted dates. I have filed a claim against his liability insurance. The issue is that he has not responded for three weeks.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,776

    Default Re: Moving Company Fails to Resolve Claims

    The carrier likely posted a surety bond with the FMCSA. Find it and make a claim. Otherwise, sue.

  6. #6
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Moving Company Fails to Resolve Claims

    Quote Quoting dvartany
    View Post
    Thank you.

    The mover has the window Sept. 8-18 to delivery my furnishings.

    As for the vehicle, it was picked up and delivery after the contracted dates. I have filed a claim against his liability insurance. The issue is that he has not responded for three weeks.
    Then he hasn't violated the contract on the furnishings.

  7. #7
    Join Date
    Aug 2019
    Posts
    5

    Default Re: Moving Company Fails to Resolve Claims

    Thank you for the responses. The concern regarding furnishings will be shelved until contract is breached.

    I contacted FMCSA and he does not have a surety bond nor is he authorized to move vehicles. He advertised that he does move motor vehicles without the authority to do so, and refuses to pay for damages.

  8. #8
    Join Date
    Oct 2016
    Posts
    3,344

    Default Re: Moving Company Fails to Resolve Claims

    I'd wait until after he delivers your furnishings or defaults and then start taking action. I still think your auto insurance carrier should be of help with the auto claim.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,783

    Default Re: Moving Company Fails to Resolve Claims

    Quote Quoting dvartany
    View Post

    As for the vehicle, it was picked up and delivery after the contracted dates. I have filed a claim against his liability insurance. The issue is that he has not responded for three weeks.
    if the insurance company refuses to cover the damage you will be limited to suing the freight company. I would wait to push the issue until after he either delivers the household items or breaches that portion of the contract. No sense in stirring things up while he still has your property.

  10. #10
    Join Date
    Mar 2013
    Posts
    17,274

    Default Re: Moving Company Fails to Resolve Claims

    Quote Quoting dvartany
    View Post
    Thank you for the responses. The concern regarding furnishings will be shelved until contract is breached.

    I contacted FMCSA and he does not have a surety bond nor is he authorized to move vehicles. He advertised that he does move motor vehicles without the authority to do so, and refuses to pay for damages.
    What kind of damage?
    How was it caused?

    If you have damage coverage on your own policy it's likely limited to:

    Collision (meaning the upset of the vehicle or its impact with another vehicle or object).
    Other than collision:
    1. Missiles or falling objects;
    2. Fire;
    3. Theft or larceny;
    4. Explosion or earthquake;
    5. Windstorm;
    6. Hail, water or flood;
    7. Malicious mischief or vandalism;
    8. Riot or civil commotion;
    9. Contact with bird or animal; or
    10. Breakage of glass.

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