Moving Co. broke my Ethan Allen Mirror and is offering to fix it. I am asking to have it replaced

[jadams454]

Orange Count, Newport Beach..

Hello, we rented a UHAUL and also hired a local moving company through xxx.com. A worker dropped the mirror (which they had wrapped in blankets and plastic wrap) inside the truck while loading.... The drop was a small drop (1-2 inches from bed of truck) and I noted it in my mind but did not ask to open the wrapping to see if there were any damages.

The mover says he can fix it for free and give me a free frame. I have asked for them to replace the frame and they say NO....

Do I have a winning case to sue for the replacement of the frame and WIN via the Small Claims process in Orange County?

Thank you

Johnathan

 

[Ohiogal]

Orange Count, Newport Beach..

Hello, we rented a UHAUL and also hired a local moving company through xxxxxxxx.com. A worker dropped the mirror (which they had wrapped in blankets and plastic wrap) inside the truck while loading.... The drop was a small drop (1-2 inches from bed of truck) and I noted it in my mind but did not ask to open the wrapping to see if there were any damages.

The mover says he can fix it for free and give me a free frame. I have asked for them to replace the frame and they say NO....

Do I have a winning case to sue for the replacement of the frame and WIN via the Small Claims process in Orange County?

Thank you

Johnathan

How old was the mirror? What did you pay for the mirror? When did you buy it? How long did you have it? What did the contract state that you engaged in for people to move you? Were they bonded? Insured? Licensed? Most likely you would not win as you have an overinflated value for the mirror.

 

[Zigner]

Orange Count, Newport Beach..

Hello, we rented a UHAUL and also hired a local moving company through XXX. A worker dropped the mirror (which they had wrapped in blankets and plastic wrap) inside the truck while loading.... The drop was a small drop (1-2 inches from bed of truck) and I noted it in my mind but did not ask to open the wrapping to see if there were any damages.

The mover says he can fix it for free and give me a free frame. I have asked for them to replace the frame and they say NO....

Do I have a winning case to sue for the replacement of the frame and WIN via the Small Claims process in Orange County?

Thank you

Johnathan

I've reported your post due to the link - it will be replaced by admin after editing.

You don't get replacement cost - you get depreciated value.

 

[Zigner]

How old was the mirror? What did you pay for the mirror? When did you buy it? How long did you have it? What did the contract state that you engaged in for people to move you? Were they bonded? Insured? Licensed? Most likely you would not win as you have an overinflated value for the mirror.

Good point - the allowed damages are likely limited in the contract.

 

[Ohiogal]

Good point - the allowed damages are likely limited in the contract.

I may be sick and quarantined (family giving me a five foot buffer at least -- cell phone talk in the same house -- and doctor taking me out of work until I leave on vacation) but I can still think.

 

[xylene]

I would accept the repair.

 

[FlyingRon]

Yep, moving damages are usually capped by certain number of cents per pound. It sounds like you're being offered more than they're obligated.
On the other hand, the time I had furniture damaged by movers I was amazed at the guy who they sent out to repair the finish. I watched him do it and I couldn't find the fix when he was done.

 

[jadams454]

Good afternoon everyone,

Thank you for all the answers! I guess I will have to ask for the Movers insurance policy before agreeing to any work with them...

In the mean time, I will accept the repair.....

Thanks again!

 

[FlyingRon]

You can ask for their insurance policy, but it means absolutely squat because you won't be collecting on it. What you should have done is READ the contract you signed. It caps the mover's liability for loss/damage. You were also likely offered supplemental insurance but if you didn't take it out, you won't have that coverage.