What is the name of your state? Interstate move from CA to NC
I posted some general questions about this in another area on FA forums and since then have decided the best way to proceed may be in civil court.
Here's some specifics...
We moved 450 items at close to 6 tons from CA to NC with a major national carrier. We paid extra for a valuation of $75K/$0 deductible.
The items arrived with 60 of the boxes missing the lot tags with item numbers. In some cases numbers were scribbled on the boxes, others had two lot tags and even one box had a tag from another shipment lot.
On the inventory control from (I did NOT waive my right to check off items) I marked each item that I did not see delivered with a box. There were 31 items that were marked, these were items that I was unsure if they were delivered. I also noted that many items checked off had hand written or duplicate numbers on them. I signed the form and handed it to the driver to sign. The driver took the form and decided to make a 4th pass through the house to find more missing items. He then checked off items with my boxes that he believed were delivered. He then gave me my copy unsigned.
Almost instantly we filed a missing items location process with the mover to try to recover any lost items, they were unsuccessful in finding any items.
It took several months of unpacking to sort out which of the items had and had not been delivered.
Like I said before, some items it was discovered had duplicate tags that were checked off as multiple items. There were hand numbered items that didn't match the description on the packing inventory.
There was also one item that was counted that the tag was from another lot.
There was just a lot of crap that needed sorting out before I could file a claim with the mover.
I filed a claim and they have denied all claims on any lost items stating that they have paperwork that states no items were missing. This contradiction the comments I have on the inventory control form, driver's pickup inventory and the items with duplicate numbers attached and even wrong lot number item.
I have appealed the mover's findings and provided a ton of information to them as to what I have documentation on. Pretty much everything is well documented. The only thing I don’t have is the driver’s and my signed first four pages of the inventory because I had to fax my copies to the driver so he could load the truck. We didn’t have a way to copy that fax paper on delivery so he took the only signed copies as he said he needed them and said he’d have copies sent to me. That never happened.
The movers are sticking to the position that I need to file a claim with an arbitrator, which I don't want to do because I'd really like to have this heard by a court. I'd also like to be able to get reimbursed for my time in sorting out the mess and having to fight with the mover's over the lost items. I've spent a lot of hours making sure this is all correct and that everything was well documented before even getting to the filing a claim point. After that they’ve done nothing to make the process smooth and have been fighting me all the way. Making claims that contradict paperwork they have in their possession. They won’t return phone calls to address my concerns. And I’ve been denied any chance to speak with the person making the decision on what will be paid despite multiple attempts to reach him. I’m always dealing with the underling who must play the telephone game in relaying my points. It’s frustrating because I never know if my points are getting across correctly and have no way of finding out. I have no idea how they can dispute that the diver said items were NOT loaded on his truck when it clearly shows that in the paperwork they have in their possession!!
I'm mad that everything I've pointed out to them they claim they don't have to honor, and it doesn't matter what it is, that I claim they "respectfully decline payment" on any of the missing items.
So, my questions are these...
Is a lawsuit a dumb move?
Can I hope to get anything for my time and inconvenience?
Can I sue for my legal fees too?
What type of laywer should I look for and how do you find a "good" one?
I posted some general questions about this in another area on FA forums and since then have decided the best way to proceed may be in civil court.
Here's some specifics...
We moved 450 items at close to 6 tons from CA to NC with a major national carrier. We paid extra for a valuation of $75K/$0 deductible.
The items arrived with 60 of the boxes missing the lot tags with item numbers. In some cases numbers were scribbled on the boxes, others had two lot tags and even one box had a tag from another shipment lot.
On the inventory control from (I did NOT waive my right to check off items) I marked each item that I did not see delivered with a box. There were 31 items that were marked, these were items that I was unsure if they were delivered. I also noted that many items checked off had hand written or duplicate numbers on them. I signed the form and handed it to the driver to sign. The driver took the form and decided to make a 4th pass through the house to find more missing items. He then checked off items with my boxes that he believed were delivered. He then gave me my copy unsigned.
Almost instantly we filed a missing items location process with the mover to try to recover any lost items, they were unsuccessful in finding any items.
It took several months of unpacking to sort out which of the items had and had not been delivered.
Like I said before, some items it was discovered had duplicate tags that were checked off as multiple items. There were hand numbered items that didn't match the description on the packing inventory.
There was also one item that was counted that the tag was from another lot.
There was just a lot of crap that needed sorting out before I could file a claim with the mover.
I filed a claim and they have denied all claims on any lost items stating that they have paperwork that states no items were missing. This contradiction the comments I have on the inventory control form, driver's pickup inventory and the items with duplicate numbers attached and even wrong lot number item.
I have appealed the mover's findings and provided a ton of information to them as to what I have documentation on. Pretty much everything is well documented. The only thing I don’t have is the driver’s and my signed first four pages of the inventory because I had to fax my copies to the driver so he could load the truck. We didn’t have a way to copy that fax paper on delivery so he took the only signed copies as he said he needed them and said he’d have copies sent to me. That never happened.
The movers are sticking to the position that I need to file a claim with an arbitrator, which I don't want to do because I'd really like to have this heard by a court. I'd also like to be able to get reimbursed for my time in sorting out the mess and having to fight with the mover's over the lost items. I've spent a lot of hours making sure this is all correct and that everything was well documented before even getting to the filing a claim point. After that they’ve done nothing to make the process smooth and have been fighting me all the way. Making claims that contradict paperwork they have in their possession. They won’t return phone calls to address my concerns. And I’ve been denied any chance to speak with the person making the decision on what will be paid despite multiple attempts to reach him. I’m always dealing with the underling who must play the telephone game in relaying my points. It’s frustrating because I never know if my points are getting across correctly and have no way of finding out. I have no idea how they can dispute that the diver said items were NOT loaded on his truck when it clearly shows that in the paperwork they have in their possession!!
I'm mad that everything I've pointed out to them they claim they don't have to honor, and it doesn't matter what it is, that I claim they "respectfully decline payment" on any of the missing items.
So, my questions are these...
Is a lawsuit a dumb move?
Can I hope to get anything for my time and inconvenience?
Can I sue for my legal fees too?
What type of laywer should I look for and how do you find a "good" one?