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7th May 2014

Q: We feel badly ripped off by a mover. Some items broke, delivery was not on time, and then they were incredibly rude. Can I lodge a complaint?                                                  — G.N., Lomita

A: Moving is among the most stressful events in life. In your situation, if the goods traveled across state lines, you can file a complaint with the Federal Motor Carrier Safety Administration. The complaint form can be found online at: http://nccdb.fmcsa.dot.gov/. Or, you can call the hotline there at 888-368-7238 from 9 a.m. to 7 p.m. EST Monday through Friday.

Another option is to file a complaint against the mover with your local Better Business Bureau. The BBB may well seek to settle the matter for you, unlike the complaint to the FMCSA, which is more in the form of a report that goes on the mover’s record (but which could motivate the mover to resolve things).

Another option is to file a complaint with the American Moving & Storage Association (online at www.moving.org) if the problem is a shipment delay or moving service performance. Type “complaint form” in the search box at the association’s website. If the problem involves lost or damaged goods, or overcharging, there is a request for arbitration form (which can involve some cost). Yet another option is to file a complaint with the California Public Utilities Commission. Go to the PUC’s website (www.cpuc.ca.gov/). In the search box type “complaint form.” Evaluate which makes the most sense for you.

Now, I should encourage you to try to work things out first with the company, so let me at least include that here. It also is possible the company has a process under your contract through which claims are to be handled.

Q: We hired a moving company and got our stuff, but several items are either outright broken (two very precious lamps) or noticeably damaged.  The company says it’s our fault because we packed things. Aren’t they the ones responsible?

— K.J., Long Beach

A: Many of us pack our own goods to reduce cost, but, unfortunately, doing so can make it more challenging to establish your claim. I have also heard of a mover asserting he had no idea articles included were of “extraordinary value.” So making sure the mover knows about those can at least trump that position.

As to packing your own items, what is it that caused the damage? Is it that they dropped things? Or treated them shabbily? Or is it likely or credible that somehow the way you packed them left them vulnerable — absent mover carelessness or willful misconduct — to harm? I am sorry to hear you have this stress. There are various insurances that you can obtain when moving goods. While those issues may be hindsight now, it is good advice for others reading today’s column.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.

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