Damage, delays and disputes: claims, deadlines and where to complain

Note damage before you sign, file a written claim inside its window with your evidence, know the mover's 30-day and 120-day duties, and choose arbitration or the right agency.

At delivery: what to write before you sign Understand

Most of what decides a claim happens in the hour the truck is unloaded. On an interstate move, the federal rules give you three rights at delivery, and each one leaves a paper trail. The rules below are for interstate moves by a household goods carrier; an in-state move follows its state's rules, and the state examples in this chapter show how they can differ. Regulation

• Check against the inventory. You can check each item on the mover's inventory and its condition, write down missing and damaged articles, and get a copy of what you wrote (49 CFR 375.503). Have one person read tag numbers from the inventory while another watches each item come off the truck.
• Sign a receipt that does not release the mover. The delivery receipt is the paper you sign to say the goods arrived. It may say they were received in apparent good condition except as noted, but it may not contain release language, wording that claims to free the mover from liability (49 CFR 375.701). If a receipt has such wording, the federal text tells you to strike it out or refuse delivery.
• Write before you sign. FMCSA's checklist says to note damaged or missing items on the inventory before you sign any documents (FMCSA, Moving Checklist).

Write specifically: the inventory number, the item, and what is wrong ("112, dining table, leg cracked at the joint"). For a missing item, write "missing" beside its number. For a carton that arrives crushed, wet or torn, write its condition even if you have not opened it. Take photographs of each item where it was unloaded, with the tag number in the frame, before anything is moved again. Moving day covers the delivery checklist and the payment due before unloading.

A note on the delivery papers is evidence, not a claim. The federal claims rule says a damage notation on a delivery receipt or inspection report, "standing alone," is not a claim (49 CFR 370.3(c)). The claim is a separate letter, below.

Damage you find while unpacking

Some damage shows only when a box is opened, days or weeks later. We call it concealed damage; the federal rules do not use the term. They set no separate, shorter window for it: the claim window on an interstate move runs from delivery, and a mover may not set it below 9 months (49 U.S.C. 14706). The longer you wait, though, the harder it is to show the damage happened in the mover's care. When you find something, photograph it in its box with the packing still around it, keep the box and the packing, and write it on the claims sheet that day. Unpacking in order builds that into the unpacking plan. FMCSA also notes that boxes you packed yourself can make a claim harder to establish (FMCSA, Liability and Protection), which is one more reason for photographs and a box register.

A whole shipment or part of one lost. If the mover loses the whole shipment, it may not collect the freight charges, other than any valuation charge, unless you caused the loss. If part is lost, it collects only a share prorated by weight (49 CFR 375.703 to 375.709).

Evidence: what shows the loss

A claim is decided on paper. The mover was not in your house before the move and you were not in the truck, so each side relies on documents made at the time. Four records do most of the work, and most of them start before the move. This manual's convention

To those, add what proves the amount: a repair estimate, a receipt or a replacement price for the same item. The federal claims rule names the bill of lading, the freight bill and invoices or certified values as the kinds of documents that can support a claim. Keep the damaged item and its packing until the mover has had a chance to inspect it, or ask in writing whether it wants to; Texas, as an example, gives a mover 30 days to inspect after an in-state claim. If you must throw something away, photograph it first and say so in the claim.

Claims: the letter, the deadlines and what it pays

A claim is a written communication to the mover that does three things: it identifies the shipment, says the mover is liable for the loss or damage, and asks for "a specified or determinable amount of money" (49 CFR 370.3). The STB's consumer page restates the same elements and adds that the claim can be submitted electronically (STB, Lost or Damaged Items). An uncertain amount, "$100 more or less," is not paid until you name one. FMCSA says the claim does not have to be on the mover's own form, and suggests certified mail (FMCSA, What if there are problems?). Sending it by email as well gives you a dated copy at once.

A claim letter, with what each part is for:

The deadlines

On an interstate move, the deadlines come from the statute, the claims rule and the bill of lading. Regulation

A disallowance is the mover's written notice that it declines all or part of your claim; the 2-year clock to sue starts from it. A compromise offer is not a disallowance unless it says so in writing, with reasons. The mover's own bill of lading can allow longer than these minimums, so read yours and write its window on the claims sheet. On an in-state move, the window is the state's, and it can be much shorter: in the five state examples it runs from 90 days in Texas to 9 months in California and Washington.

What a claim can pay

What you can recover depends on the valuation on your bill of lading, which Hiring a mover explains in full. Two facts from there carry over:

• Released value pays at most 60 cents a pound per article. A 40-pound table worth $1,200 recovers at most $24.
• Full value protection makes the mover liable for replacement value up to your declared value, less any deductible. The mover chooses whether to repair, pay for repair, replace with like kind and quality, or pay the replacement cost. The claims rule tells household goods carriers to start from the replacement cost and apply a depreciation factor to reach the current actual value (49 CFR 370.9(b)), so a payment can be less than the price of a new one.

An item worth more than $100 a pound that was not listed in writing as extraordinary value can be limited to $100 a pound. Delay is a separate kind of claim: the federal text says expenses caused by a delay "may" be recoverable by a delay claim, and a set daily amount applies only where the bill of lading names one for dates the mover committed to. Ask about both before the move, in Hiring a mover.

Paying the bill and claiming at the same time

A claim and the bill are separate. The federal rules let a mover require the delivery-day amount before it releases the goods, and say nothing that lets you hold back that payment because something is damaged. The default, on an interstate move, is to pay what is due at delivery and claim separately. Three of the state examples go further for in-state moves: California says a mover may not honor a claim until the charges are paid, New York's consumer brochure says you are legally obligated to pay for the move even when claiming damage (NYSDOT, make your move (PDF)), and Washington's tariff asks for a copy of the paid freight bill with the claim. Ask the authority

Your own insurance

Your homeowners or renters policy may help with what the mover's valuation does not pay, but probably not with the same damage. Triple-I says those policies cover belongings in transit but "will not pay" for damage done while movers are handling or packing them, and that trip transit insurance, bought for the move, covers theft, disappearance or fire, not breakage (Triple-I, Getting the right insurance coverage for moving). The NAIC's 2011 consumer page adds that the policy deductible applies (NAIC, Leaving Home: Insurance Considerations for a Move). If the mover sold you insurance, that policy's own claim terms apply, and disputes with that insurer are outside the mover rules. Call your insurer, tell it what happened and ask what it needs. Ask the authority

If you moved it yourself or loaded a container

The federal mover rules do not cover a container or trailer you load and unload yourself, or a truck you rent and drive (49 CFR 375.103). Damage to your goods goes to your own insurer; damage to the truck or the container goes under the rental or container contract and any damage waiver you bought. Triple-I says a car policy's collision coverage likely does not transfer to a rented moving van. Read the contract's damage and liability terms, and keep the photographs and inventory the same way. Moving services compared sets out who is liable under each kind of move.

Arbitration, mediation and court

When the mover's answer does not settle the claim, FMCSA describes two routes: an arbitration hearing or legal action (FMCSA, What Should You Do if you Have a Dispute with your Mover?). Arbitration is a hearing before a neutral arbitrator, chosen through the mover's program, whose decision can be binding. Every interstate mover has to have a program, and the regulation sets its minimum terms (49 CFR 375.211; 49 U.S.C. 14708):

• It covers loss and damage disputes, and disputes about charges billed after delivery.
• The mover tells you about it before you sign the bill of lading: a summary, the costs and the legal effect of choosing it.
• The mover may not make you agree to arbitrate before a dispute arises. You choose it after.
• For a claim of $10,000 or less, it is binding at your request. Over $10,000, it is binding only if the mover also agrees.
• You pay no more than half the cost of starting it, and the arbitrator can reassign costs.
• The decision comes within 60 days of the written notice, extendable if a party is slow with information. An oral hearing happens only if all parties agree.
• Remedies can include repair, replacement, a refund, reimbursement of expenses and compensation for damages.

The statute adds a reason to file early. If you filed the claim within 120 days of delivery, then go to court and win, a court can award your reasonable attorney's fees when the mover did not tell you about arbitration, the arbitrator did not decide in time, or you are enforcing an award the mover has not paid. Statute

Court. A suit is the other route, in state court or in federal court. The federal text says you can file in state court, or in federal court when the claim is over $10,000, and that you serve the mover's process agent, the person each interstate carrier names in each state to receive legal papers; FMCSA's dispute page explains how to find yours. Whether to sue, and where, is a question for a lawyer. Ask the authority

In-state moves. The states in the examples handle this differently. California's in-state arbitration happens only if both you and the mover consent. Texas offers free mediation through TxDMV: request it within 35 days of an unsatisfactory answer, or after 90 days with none. New York's agency says it has no authority to decide liability and points to court or arbitration. Washington's UTC can help the two sides talk but cannot require a settlement.

Delays: late pickup, late delivery and storage

The mover has to pick up and deliver on the agreed dates or within the periods on the bill of lading. When it cannot, the regulation sets out what it owes you (49 CFR 375.603 to 375.609):

• A delay notice. As soon as the delay becomes apparent, the mover tells you, at its expense, by phone, in person, email or mail, and gives new dates with your needs in mind. It keeps a written record of the notice and the new dates for one year and sends you a copy if you ask.
• No surprise early delivery. If it could deliver more than 24 hours early and you do not agree, it may store the goods near your new home at its own expense and tell you where.
• Notice before storage becomes permanent. If your goods go into storage-in-transit, the mover gives you at least 10 days' written notice before it converts to permanent storage (1 day for storage under 10 days). The notice states the date, that its liability ends then, and that you have 9 months from the conversion to file a claim. If it fails to give notice, its liability continues.

Write each delay notice on the claims sheet's dates: when it came, how, from whom, and the new dates. Ask for the mover's written record. Keep receipts for what the delay costs you, such as a hotel or meals, and ask the mover in writing whether it will cover them; the federal text says such expenses "may" be recoverable by a delay claim. It also tells you not to agree to pickup or delivery "as soon as possible"; a date or a period on the bill of lading gives a delay something to be measured against. California, as an example, has a mover pay $100 a day for in-state pickup or delivery more than two days late, on request in writing, for shipments of 5,000 pounds or more or 75 miles or more.

Held goods: when a mover keeps your things

A mover may keep goods when the amount due is not paid. FMCSA's FAQ says interstate movers "can legally hold your belongings" if you do not pay what the contract requires (FMCSA, Protect Your Move FAQ). What it may not do is refuse to deliver once you have offered the amount the rules require. The federal text calls that holding the shipment hostage. Held goods, in this manual, means goods a mover keeps over a payment dispute, lawfully or not; which one it is depends on what you tendered. Regulation

On an interstate move, the amount that requires the mover to hand over your goods is the delivery-day amount from Hiring a mover:

• 100 percent of a binding estimate, or up to 110 percent of a non-binding one;
• plus charges for services you asked for after the bill of lading;
• plus impracticable-operations charges, up to 15 percent of the other charges due at delivery;
• or, for a partial delivery, the share prorated by weight.

Tender that amount, in the payment form named on the estimate and bill of lading, and the mover has to release the goods. A knowing and willful refusal after that is a violation of 49 U.S.C. 14915, with a civil penalty of at least $10,000 for each violation in the statute and at least $20,537 in FMCSA's current schedule, each day counting separately, plus suspension of the mover's registration and possible criminal penalties (49 U.S.C. 14915; 49 CFR 386, Appendix B). The penalty is a federal enforcement matter; it does not by itself bring the truck to your door.

What to do if a mover holds your goods. Put your offer to pay the required amount in writing, keep proof of it, and call FMCSA's hotline, 1-888-DOT-SAFT (1-888-368-7238), 8 a.m. to 8 p.m. Eastern, Monday to Friday. FMCSA's FAQ lists what a hostage complaint needs: the written estimate, the bill of lading, a receipt for the payment you made or offered, a record of the refusal, and the amount the mover demanded. Work out the required amount in the delivery-day check before you call, so you can say it in one sentence.

In-state examples. Florida's statute says a mover may not refuse to hand over prescription medicines and goods for children's use "under any circumstances," and makes refusing a police officer's order to release goods after payment a third-degree felony (Florida Statutes chapter 507). California's in-state lien does not reach food, medicine, medical or disability devices, or items for the care of a minor child. Your own state's regulator says what applies to an in-state move.

Complaints: which agency does what

A complaint is not a claim. A claim asks the mover for money; a complaint tells an agency what the mover did. FMCSA puts it plainly: it "does not have the authority to resolve claims" against a moving company (FMCSA, Protect Your Move), but a complaint may trigger a federal enforcement investigation (FMCSA, What if there are problems?). File both when both apply. Ask the authority

FMCSA's complaint page lists what to have ready: your contact details, the company's name and its USDOT and MC numbers, where the move started and ended, what went wrong, and uploads of the estimate, bill of lading and inventory pages (FMCSA, File a Moving Fraud Complaint). Its examples of fraud include a deliberately low-balled estimate, withholding goods unless the customer pays much more, and a knowingly false weight. For the in-state examples: California's BHGS at 1-833-488-2327, TxDMV at (888) 368-4689, NYSDOT, FDACS at 1-800-HELP-FLA, and Washington's UTC at 1-888-333-9882. Write the date and a reference number for every complaint on the claims sheet.

See it: the Brandts' table leg See it

Checked against the rules, under these assumptions:

Under full value protection the mover may choose repair, so the offer is within its options; whether it is acceptable is the Brandts' decision. The claims sheet shows the item, the inventory number, "noted" and "photos" ticked, the claim date, the acknowledgment date and the response, and in the dates sheet the window the bill of lading names, written in by Elena. If they had chosen released value instead, the table would recover at most 60 cents a pound, whatever the repair cost; for the 40-pound table in the example in Hiring a mover, that is $24.

For the other fictional moves in this manual: Noor Haddad rented a truck and hired helpers, so any damage to her goods goes to her renters insurance and the truck to the rental contract; Jun Park loaded a container, so Part 375 does not apply, and the container company's contract and Jun's renters insurance govern.

• FMCSA, What if there are problems?: the claim, the dispute program and the complaint line, in the agency's words.
• STB, Lost or Damaged Items: what a claim must contain and what each valuation level pays.
• FMCSA, Handling disputes: arbitration against a lawsuit, and how to find a mover's process agent.

Practice: one claim, start to finish Practice

Minimum: one item, real or the Brandts' table, entered on the claims sheet with its inventory number, its evidence and a claim date, and a claim letter written from the model above. Time: about an hour, plus 20 minutes at delivery. Materials: the bill of lading, the mover's inventory with your delivery notes, your photographs, a repair estimate or receipt, the claims sheet, the paperwork decoder for any term, and email or certified mail.

1. Write the dates. On the claims sheet's dates: the delivery date from your signed receipt, the claim window your bill of lading states (or your state's, for an in-state move), and the date that window ends, counted by you from the delivery date.
2. List the items. One row each: the item, the mover's inventory number and your box number, whether you noted it at delivery, whether you have photos, damaged, missing or delayed, and the amount.
3. Gather what supports each amount. A repair estimate, a receipt, or a replacement price for the same item, and your before-packing photographs if you have them.
4. Write the claim. Identify the shipment, say the mover is liable, list the items with amounts and a total, name your valuation level, attach copies, and ask for acknowledgment. Send it with proof of the date, keep a copy, and write the date on the sheet.
5. Diary the mover's dates. 30 days from receipt for the acknowledgment and 120 for the answer. When each comes, write it down with what it says.

Your move Your move

Check your work Check your work

Criteria

• Was every damaged or missing item written on the delivery papers before you signed, with its inventory number, and do you have a copy?
• Does every item on the claims sheet have its inventory or box number, photographs and an amount with something that supports it?
• Does the dates sheet show the delivery date, the window your bill of lading or state rule gives, and the date it ends?
• Does your claim identify the shipment, say the mover is liable and ask for a specified amount, and is the date you sent it written down?
• Are the mover's acknowledgment and answer dates written, or the dates they are due?
• Is the next step named: accept, arbitration or mediation, a complaint, or your insurer?

Worked example

The Brandts' claims sheet has one row: dining table, inventory 112, noted at delivery, photographs, damaged, the amount from the repairer's estimate, and the outcome "acknowledged July 20; mover offers a repair." The dates sheet has the delivery date, the window from their bill of lading, the date it ends, the claim date of July 6 and the acknowledgment of July 20. The next step is named: ask how the deductible applies, then accept the repair or request arbitration. It passes. It does not say whether the repair offer is fair; the Brandts decide that, and an arbitrator would decide it if they ask for one.

Common mistakes

• Signing a clean receipt. Damage you can see goes on the papers before you sign. Read the receipt for release wording.
• Treating the delivery note as the claim. A notation standing alone is not a claim. Send the letter.
• Claiming "about $500." An uncertain amount is not paid until you name one.
• Assuming 9 months on an in-state move. In the examples, Texas allows 90 days and New York says to file within 90. Check your state and your bill of lading.
• Throwing out the damaged item or its box. Photograph it, keep it, and ask whether the mover wants to inspect.
• Withholding the delivery-day payment over damage. The claim and the bill are separate; pay what is due and claim.
• Expecting FMCSA to pay the claim. It records complaints and may investigate; the claim goes to the mover, then to arbitration or court.

What is still unresolved

Whether a claim is valid and what it is worth are settled by the mover's answer, then by an arbitrator, your state's process or a court; this chapter gives the routes, not a verdict. Your valuation level was set when you signed the bill of lading, in Hiring a mover. What your own insurance pays is your insurer's answer. The delivery checklist itself is in Moving day. For a held shipment, a large claim or a lawsuit, ask FMCSA or your state regulator, and a lawyer.

Knowledge check and scenario

Checklist

• Every damaged or missing item is written on the delivery papers, photographed and on the claims sheet with its inventory number.
• The claims sheet shows the delivery date, my claim window and the date it ends.
• I sent a written claim with a specified amount, kept a copy, and wrote the date.
• The mover's acknowledgment and response dates are written down, and the next step is named.
• I asked my insurer what it covers and what it needs.
• I read my state's claim rules, or the mover's arbitration summary, and wrote down what applies. (Go deeper; optional)