Are movers obligated to move my goods
for the estimate they quote?
It depends on whether the estimate provided is a non-binding or a binding
estimate. A mover is not required to provide an estimate to a shipper. However,
if a shipper requests an estimate over the telephone or Internet, and the mover
calls it an "estimate", it must be in writing. The mover may
provide a non-binding or binding estimate and the estimate itself must clearly
state whether it is non-binding or binding.
What do the following estimate terms mean:
non-binding estimate, 110% provision/rule, binding estimate?
Non-binding Estimate
A non-binding estimate is only an approximate cost, it is NOT binding. It is
based on the weight of the goods to be transported and the distance they will
be moved. Since a non-binding estimate should be reasonably accurate and
provide the shipper with a general idea of the cost of packing and moving the
goods, a mover should physically review the household goods (by scheduling an
onsite estimate) to be transported. Non-binding estimates should cover the
goods and services listed on the estimate. If you add items or request
additional services, the mover may void the estimate or revise it. The
non-binding estimate must be in writing and state that it is
non-binding.
110% Provision/Rule
If the final charges exceed the non-binding estimated amount, the mover must
deliver the household goods upon payment of the estimated amount plus 10% of
that amount. The mover must then defer the balance due on the charges for 30
days. However, the mover may collect payment for unexpected charges or services
upon delivery.
Binding Estimate
Binding estimates must be in writing and are usually based on constructive
weight. Movers may use other terms to designate a binding estimate or set
price, but all such estimates shall have clearly indicated on their faces that
the estimate is binding on the mover.
What information and paperwork is the mover
required to provide?
At the time of the Estimate and/or prior to the execution of the Order for
Service:
At the time when the Order for Service has been
executed:
At loading time at the time of pick-up:
At unloading time at the time of delivery:
What is an Order for Service?
Moving companies are required to prepare an order for service on every shipment
transported from an individual shipper. You are entitled to a copy of the order
for service when it is prepared. The order for service is NOT a
contract. It will note the estimated charge of the move and any special
services you require such as packing and storage as well as pick-up and
delivery dates or spread dates.
What is a Bill of Lading?
The bill of lading is the CONTRACT between you and the mover. The mover
is required by law to prepare a bill of lading for every shipment it
transports. The information on the bill of lading is required to be the same
information shown on the order for service. The driver who loads your shipment
must give you a copy of the bill of lading BEFORE loading your household
goods. You must also sign the bill of lading. It is your responsibility to read
the bill of lading BEFORE you sign it. If you do not agree with something, do
not sign it until you are satisfied that it shows the service you want. The
bill of lading requires the mover to provide the service you have requested,
and you must pay the mover the charges for the service. The bill of lading is
an important document so be careful not to lose or misplace your copy. Have it
available until your shipment is delivered, all charges are paid and all
claims, if any, are settled.
What happens if the mover does not pick-up or
deliver my goods according to the spread dates provided?
Movers are required to meet "reasonable dispatch" requirements.
Reasonable dispatch means the performance of transportation on the dates or
during the period of time agreed upon by the mover and the shipper and shown on
the order for service/bill of lading.
If the dates are not met, a shipper may file an inconvenience or delay claim
with the mover along with receipts, listing lodging and food expenses for all
the days past the last day of the pick-up and/or delivery spread dates. This
claim must be filed within nine months of the date of delivery. If the mover
disallows any part of the claim, the shipper must pursue a civil action within
two years from the date the disallowance of the claim was made.
What types of insurance will I be offered?
Movers generally provide three types of protection for your goods in case they
are lost or damaged: limited liability, added valuation and full value.
Limited Liability
This is the basic coverage required by law, and it does not cost the consumer
anything. Under limited liability, the mover is responsible for sixty cents
($.60) per pound per item for an interstate move.
Added Valuation
This type allows you to collect the amount based on the current replacement
value of the item, minus depreciation. The amount you pay for this coverage
depends on how much you declare your goods are worth.
Full Value
This insurance costs the most and covers the actual cost of an item's
replacement or repair, without any deduction for depreciation. Before
purchasing coverage from the moving company, you may want to check your
homeowner's insurance policy to see if it will cover your goods during a move.
Call your insurance company to find out how much they would charge to insure
your goods during a move, and compare the options and prices they offer to the
moving company's.
If there is loss or damage to my goods, how
much time do I have to file a claim?
Although a claim should be filed as soon as possible, you have nine months from
the date of delivery to file a claim. This means the claim should be in the
mover's possession by nine months from the date of delivery, not postmarked by
midnight on the last day of the nine months' deadline. You do not have to wait
for a claim form if the mover has not sent one to you. If you wait to file
beyond the nine months' time period, the claim is considered untimely by the
courts.
Disposition of Settlement
U.S. DOT has no authority to adjudicate claims. If a claimant is not satisfied
with the settlement offered by a mover, the claimant must seek recourse through
the courts or through arbitration. A household goods mover must offer
arbitration as a means of settling disputes on loss and damage claims.
If a claimant chooses instead to bring a lawsuit against the mover, the suit
must be brought within two years of the date the mover gave first written
notice of the disallowance of any part of the claim.
Arbitration Information
Since January 1, 1996, all common carrier household goods movers have
been required to belong to a neutral dispute settlement program that arbitrates
loss and damage claim matters on shipments transported after December 31, 1995.
If the dispute involved a claim for $1,000 or less and the shipper requested
arbitration, such arbitration shall be binding on the parties only if the
carrier agreed to arbitration (Section 14708, (b)(6) Title 49, U.S. Code). The
limit for mandatory arbitration was recently increased from $1,000 to $5,000
for shipment transported after January 1, 2000 (Section 209 (b) Motor Carrier
Safety Improvement Act of 1999). Ask the mover which independent arbitration
program they belong to. Remember that depending on the arbitration program, you
should file your loss and damage claim quickly, anywhere from 60 to 120 days
from time of delivery. The following organizations handle household goods loss
and damage arbitration programs:
If I do my own packing, is the mover still
responsible if something is lost or broken?
Yes. The mover usually has a tariff provision that allows it to repack
carton(s) if they feel they have been improperly packed, or if the carton(s)
will cause harm to the rest of the shipment(s). The mover is also liable for
any loss or damage caused during transit unless the sole cause for the
loss or damage was due to any of these common law defenses:
Improper packing falls under "an act or
omission of the shipper". Since the sole cause for the damage must
be the act of the shipper, any contributory damage by the mover would void the
common law defense, and the mover would be responsible.
What should I know about the pick-up and
delivery dates?
Make sure the mover gives you a date or spread of dates on your order for
service and bill of lading. Do NOT allow the information regarding these
dates or spread dates to remain blank as this may delay your shipment. Make
sure your order for service dates are transferred to your bill of lading unless
you have made arrangements for another date or spread of days. If you see language
showing a period of time, such as "in a few weeks after pick-up", or
"as soon as possible", have it translated into specific calendar
dates. Make sure these dates are on your bill of lading.
At Pick-Up
At Delivery
What should I know about the pick-up of my
furniture?
Make certain that you are present to oversee the loading of your furniture. DO
NOT LEAVE!
What should I know about the delivery of my
furniture?
Payment of Charges
It is NOT unusual at destination for the driver to ask for, or expect
payment of transportation charges before the truck is unloaded, or before the
van doors are opened. Payment is usually required to be made by certified
check, cash or money order unless prior credit card arrangements were made and
approved by the mover. Whenever a shipment is delivered on more than one truck,
it is the mover's option as to whether the driver will collect charges for each
portion of the shipment delivered, or wait until all portions have been
delivered.
At origin, it is the DRIVER'S responsibility to list the condition of
your shipment on the inventory sheet. This is the time to agree or disagree
with the mover's description of the condition of your items. At destination, it
is YOUR responsibility to list the condition of your shipment. If
there are items missing or damaged, you must try to make an indication on the
driver's copy and your copy of the inventory sheet. Just put an "X"
on the boxes (at origin) that contain breakables so that at destination you can
note the condition of the boxes.