Who is Responsible for Damages During a Move?
When it comes to damages during a relocation, both you and the movers you hire are responsible. The only difference is the circumstances under which the damages happen. Here is an example. Assume you decide to handle an entire move all by yourself (DIY) and maybe only use the help of friends and family to pack, load, transport, and unload your items. In that case, if any damages happen, you are responsible.
However, if you hire movers to handle the move and damages happen during the process, then the movers are liable and should compensate you. But here is a twist: movers may be liable for the damages that happen during a move, but the responsibility might also fall on you under various scenarios, as shared below.
Circumstances under Which the Mover’s Liability for Damages During a Move May be Limited:
- If the person being moved packs hazardous materials or perishable items without notifying the movers.
- If you have items of extraordinary value and you fail to let the movers know and just carry on with the move but unluckily the items get damaged, your mover can’t be held responsible.
- According to the Federal Motor Carrier Safety Administration (FMCSA) handling the packing of your items into boxes all by yourself in quest to save cost is another reason why a mover’s liability for moving damages may be limited.
- If damages happen and you sign a delivery receipt for your belongings whereby the receipt already contains language about discharging the movers from taking responsibility for the damages, then that becomes your responsibility.
- Fourthly, if you choose a released value protection coverage while your items are valued at more than sixty cents per pound per item you are responsible in case any damage happens during relocation.
- Lastly, if delivery for your goods is done and upon realizing that there were damages that happened during the move, you fail to report or file a written claim with your movers in a timely manner (within 9 months after delivery) the movers’ liability is limited.
Cases under Which Movers Are Liable for Moving Damages
- If the movers pack everything themselves, from furniture to clothes to special items like pianos and all your other belongings, this puts liability on them.
- If the movers are notified in writing about items such as expensive artwork valued at more than $100 per pound, the person being moved is entitled to full recovery up to the declared value of their item.
The movers responsible for damages should pay you for replacement if the items damaged cannot be repaired. For example, if an item is valued at $1000 and weighs ten pounds, the movers should either pay you $1000 to get a new one or pay for the item to get repaired. This type of compensation falls under what we call full protection coverage.
On the flip side, there is a waiver of full protection whereby the movers’ liability is reduced to 60 cents per pound per article, which means you will receive a lesser amount for the damages.
What Happens When You Can’t Reach a Settlement with Your Mover for the Damages Caused
Sometimes, you may try reaching a settlement with your mover after damages during a move, to no avail. In this case, you should request arbitration from your mover. Based on FMCSA, all movers should take part in an arbitration program. So normally, before you sign for a moving service from the mover they should first provide you with a summary of their arbitration program in order to know what to expect.
An arbitration program aims to offer you and your mover a more neutral way to solve disputed charges such as possession damage. This is considered a more pocket-friendly and convenient method to solve disputes with movers and seek recovery of your moving damage claim rather than filing suit in court.
Moreover, according to Lambert Avocats you can also make use of a civil liability claim against your moving company and its employees showing that a fault was committed against you during the transportation of your belongings when relocating, highlighting the cause.
How to Reduce the Risk of Damages During a Move
While it is impossible to control damages, it is possible to reduce the risk of your items getting damaged.
- Ensure you hire professional movers who know how to handle clients’ items with care. Look for previously completed projects, a track record of successful moves, and information about any damage claims from previous clients.
- Let the movers handle the packing process because they are more knowledgeable and conversant with organizing items in moving boxes, whether they are fragile items like glass or special items like artwork.
- If you decide to move yourself, be mindful of how you pack your items. Avoid overpacking fragile items in one box, as this can damage them.
Bottom Line
Movers are legally liable for moving damages, and so is the person being moved. If the movers handle the move and damage happens, then they are liable, but if you DIY, you are the one responsible. Thus, ensure you use the tips we have shared in this article written with the help of A Plus Movers to reduce the risk of damaging items during relocation.
