Moving insurance claim (I have no idea where to post this...)

[lost_one]

What is the name of your state? Interstate move started in CA and ended in NC.

In Oct 2005 we started our relocation from CA to NC. Our stuff was packed and moved by a national mover and we took out a $75K/$0 deductable policy for the move.

The stuff was packed and moved from our place to storage for 2 month before we found a house in NC. When delivered there were several items with missing tags, items with duplicate tags (discovered during unpacking), missing items and other issues.

I marked on the Inventory Control Form which items were not accounted for on delivery. I also put that some items had duplicate and missing tags. After signing the form the driver decided to make one more pass through the house and checked off items he beleived were delivered. At the time I didn't think anything of the fact that I had already signed the form before he started checking things off. I did mark all the missing items which I hope will play in my favor.

The driver also was missing the first 5 pages of the Household Goods Descriptive Inventory I had to fax him my copies before he would load the truck. He had noted on his copy of those pages that there were 9 items that were never loaded on his truck. I had made notes on my pages, but I never got a signed copy of those pages because he only had my faxed copy and not duplicates for me.

We did our best to find the missing items, we filed paper work with the movers to try to locate missing items. Ths paperwork was filed within two weeks after delivery so items searched for may have had incorrect numbers, but the mover was unable to find any of the missing items.

After unpacking all the items and checking off the inventory we were left with 15 missing items and several damaged items.

We filed a claim and the mover is not paying for any of the missing items because they say all items were checked off and that they have no record of the mover saying that he had missing items.

So after 4 months of fighting with them over this it looks like we are going to have to head to arbitration. I really don't think this is fair because the most they have to lose for this is my claim and I have everything to lose.

My case is pretty well documented, I've disclsoed everything to them. This includes items numbers for all items in question, missing items, items without tags, items the driver claimed weren't on the truck, items with duplicate tags, items with tags from different moving lots, etc. They know everything about what items I have that are missing and as to why I say they are missing. The claim is looking at between $8-9K based on what they've paid (close to $500 for damage even though they still haven't addressed two items) and the additional $7-8K for other items. Including some items that may not be replacable. I'm also stuck a bit in the "telephone game" because the agent I'm dealing with has to convey all my points to her supervisor. I have tried many times to contact the supervisor directly without success. This includes being on hold for 25 minutes while he was on a call. After ending that call the associate transfered me to him but I got voice mail. When I called back she "couldn't get get him because he was leaving for vacation" The two of them have not responded to voice mails and have been unavailable to talk with for close to a month.


Is there any legal ground I have to make additional claims against the mover/the agents or the employees for the extra work and time I've had to put into this? Afterall all I've asked them to do up to this point is pay the claim they should pay, I really think they need to be held accountable for not honoring the insurance contract we paid for.

 

[moburkes]

File the claim with your homeowner's insurance company and be done.

 

[lost_one]

File the claim with your homeowner's insurance company and be done.

That's an interesting idea I never thought of that. But, is that really the right thing to do?

I'm not sure because of two things... first we had renters insurance at the start of the move that was changed to a home owners after the move, same company and it never lapsed. But, I paid for the moving insurance and I think they should have to pay, I don't think it's right to pay for something and get nothing. HO as a backup sounds great.


I was rereading the paperwork from the move and information the movers and FMCSA. FMCSA claims I can file an inconvience claim against the mover. It also says I can take them to civil court, but I'm not clear if that can be done when arbitration is done. The wording states

"You have the option of submitting a loss and damage claim to the mover's dispute settlement program. If the calim is less than $5,000, the mover is required to submit it to arbitration for settlement. If the claim is greater than $5,000, the dispute may be submitted to binding arbitration only with the agreement of the mover. In addition to or in lieu of filing a loss and damage claim, you may file an incovenience or overcharge claim directly with the moving company. An inconvenience claim may be filed if the mover fails to pickup or deliver your household goods in accordance with the agreed-upon dates on the bill of lading.

If you are dissatisfied with the mover's resolution of a claim, you may seek redress in sivil court. For loss and damage claims, a civil action against the mover must be brought within 2 years of the date the mover first provides written notice disallowin any part of the claim. Legal action to recover damages in overcharges cases must be initiated within 18 moths after the claim accrues."

Now they picked up and delivered on the dates they said, so there was no inconvenience with respect to that. But... I've been majorly inconvenienced due to the handling of my goods and having to sort through the mess created by the movers. I have had to spend hours upon hours of sorting through boxes and cross referencing with the manifest to try to decide what was actually delivered vs what they say was delivered. If the packages had all been delivered with the labels that were attached at the start my job would have been easier. On top of that they've avoided talking with me and made the whole process much more difficult than it needed to be.

On the timing, I was originally notified in October that they weren't going to pay on lost items, but I disputed that and they said they'd look further at it during the appeal. Just this week they've come back on that stating they sticking with the not paying on lost items. Did the clock start ticking on 2 years in October 2006 or Jan 2007? I don't doubt I have a time issue, but I'm also trying to learn from this experience... First notice would be October, but since that wasn't final and was being researched as part of the appeal does that make January 07 the first notice?

On top of that, if I do go the legal route with a suit (if I can really do this...) and win the case can the lawyer's fees be something they'd have to pay?

 

[moburkes]

Okay. Ignore the advice from the insurance agent. I'll leave now. I didn't read the rest of your post, except the part about the lawsuit Why sue, when an insurance claim is easier? Good luck in whatever you decide to do.

 

[lost_one]

Okay. Ignore the advice from the insurance agent. I'll leave now. I didn't read the rest of your post, except the part about the lawsuit Why sue, when an insurance claim is easier? Good luck in whatever you decide to do.

I'm sure the HO insurance claim would be easier, it's then becomes a moral thing. I paid for insurance on my move I think I should be able to get that. If I remember correctly from the conversation I had with the insuarnce company (USAA) was that if the items were damaged because of an accident or some other catastrophic event that then the HO policy would be able to cover it. I'm not sure on the facts because it was over a year ago when I had that discussion before the move. And I don't think my HO carrier should have to pay for something another carrier was paid to cover.

The suit (if an option) would be to get back some restituion for my time due to the problems the the movers have created for me. I did nothing wrong in the move process, but was left with a large mess to sort through and after doing so they don't agree with my findings on what was missing because some sheet of paper the driver marked up after I signed it says otherwise.

FMCSA has had one report filed against the mover because of them denying me the chance to view both a unloaded and loaded weighing of the truck. They denied me both on the load and unload side. This is a right I did not waive and was denied. So I think I need to file another claim for the missing items to get this resolved. As a result of that letter I was contacted via registered mail by one of the carrier's attornies. I may give him a call to see if he can "advise" the claims group to pay out....

 

[lost_one]

And since it's looking like I can go the legal route that may be my best option. I don't think I can add add my time and inconvience to the arbitration process. I'm much rather this be decided by my peers rather than an arbitrator who is paid for by the group that is made up of and funded by the carriers.

So, what kind of lawyer would handle a case like this? In other words, how could I find a lawyer that could handle a case like this?

Thanks

 

[moburkes]

I get offended easily. Like I said earlier, I'm done. Maybe someone else will answer your questions.

 

[lost_one]

Closing thread and moving discussion to here:
https://forum.freeadvice.com/showthread.php?t=349805