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What Information Should I Request From Movers?

• 49 CFR 375.213

Consumers should request and consult certain information before making a final decision on a mover:

• Request a copy of the U.S. Department of Transportation (USDOT) publication "Ready to Move?" Not only is it the obligation of the mover to provide this to you, it is a helpful document that provides a checklist of what consumers should do before they move, on the day of the move, and on delivery day. The pamphlet also provides helpful websites and phone numbers
   
• Obtain a copy of the USDOT publication "Your Rights and Responsibilities When You Move." This document outlines every step of the moving process
   
• Obtain a reasonable estimate of the future charges from prospective movers. By comparing estimates, you can better gauge the proper amount to pay for the moving service and secure the best price quote
   
• Request a description of the mover's arbitration program and an accurate explanation of claim-handling procedures. The dispute resolution program should be consumer-friendly in that it attempts to quickly and professionally resolve any claims

Background Checks on Movers

• NYSDOT website "Consumer Moving Information"

Consumers should inquire about any complaints against the mover they are considering using and if the mover dealt with these complaints expeditiously and fairly. Information on an intrastate mover can be obtained by contacting the NYSDOT at 1-800-786-5368 and providing their exact name and if possible, their NYSDOT number. The Better Business Bureau can be reached at 212-533-6200 (within NYC) or 1-800-828-5000 (outside of NYC). Consumers may check out a moving business themselves at www.bbb.org or by contacting the New York State Consumer Protection Board at 1-800-697-1220. 

Order for Service

• NYSDOT Consumer Moving Information

• Federal Motor Carrier Safety Administration "Protect Your Move"

Before hiring a mover, the estimation requested should include a written Order for Service. The Order for Service is a document authorizing a mover to transport a consumer's household goods. The Order for Service must contain the dollar amount of how much will be owed at delivery in order for all the goods to be transported.

Bill of Lading

• Federal Motor Carrier Safety Administration "Protect Your Move"

Along with an Order for Service, a bill of lading should also be given to and reviewed carefully by the consumer. Unlike an Order for Service, which grants the mover the right to transport the consumer's goods, the bill of lading is a receipt for the goods transported and the contract agreed to by the consumer. A bill of lading should contain the date of receipt of the shipment, the names of the parties, the beginning and end destination, the number and types of packages, and any descriptions and measurements necessary in establishing lawful charges.¹ The mover must have a bill of lading ready for the consumer when the household goods are received and not prior to this occurrence.² It is highly important that a consumer not sign the bill of lading until everything is understood and agreed to. If anything is ambiguous, contact the mover for clarification. The bill of lading is an important document and should be kept in a safe, secure place.

Rates and Charges

• Transportation Law, Chapter 61, Article 9, Section 196

• NYSDOT website "Consumer Moving Information"

New York State law requires every mover to "establish, observe, and enforce just and reasonable rates, charges, classifications, regulations and practices." It is illegal for a mover to provide service to particular people based on undue or unreasonable preferences, or to discriminate against consumers in any way.

Before a contract is created between a consumer and a moving company, a written estimate of the cost of service shall be provided to the consumer if the consumer requests such an estimate at least 72 hours before the scheduled move was to begin. An estimate is not available for the consumer if the requested service encompasses only moving one room of four hundred square feet or less.

An estimated total cost of services form, provided by the movers if requested by the consumer, is not a legally binding contract between the parties but simply an estimation of the final cost for the services. The mover should provide the estimate in writing and only give such estimate after a physical inspection of what is to be moved. Along with the estimated cost for moving the consumer's goods, a mover may also give to the consumer a "written binding estimate of the total transportation charges." Offering acost estimation for transportation must be made available to all consumers if offered to other consumers in the past.

When requesting an estimate, it is important that you shop for the best deal. Estimates will generally be similar to each other. However, estimates that deviate below the average are likely to be too good to be true. They are likely "low ball" bids that will only increase greatly once the move begins.

A mover is not required to provide free packing supplies unless it is agreed upon between the parties that such supplies will be a part of the cost. Movers are also not obligated to offer additional services for free, such as clean-up and disconnection and reinstallation of appliances.

Weight-rated moves must be weighed before charges are calculated and can only be done on a certified scale.³ The consumer has the right to witness the weighing and must be given a reasonable opportunity by the mover to do so.⁴ The consumer is also entitled to forego their right to view the weighing, but it will only be official if done so in writing.⁵ If the consumer disagrees with the weight, a re-weigh may be issued, and charges must be based on the succeeding weights.⁶ All true copies of weight tickets received by the mover must be included with any freight bills delivered to the consumer.⁷ If contact information is given to the mover, the consumer has the right to receive the actual weights and charges at least one full 24 hour day, excluding weekends and federal holidays, before delivery is expected. Notification to the consumer is not required, however, if the truck will be weighed at the delivery destination.⁸

Reasonable Dispatch 

• NYCRR Title 17, Chap VI, Sub Chap E, Art 2, Section 814.6

Reasonable dispatch refers to the fulfillment of the delivery within the time and days agreed upon by the parties. Transportation must continue unless an act of God, public enemy, riots, strikes, or acts of public authorities prevent a timely delivery. Delays in the moving process are sometimes inevitable despite the best efforts of the movers. A consumer's departure and arrival should be scheduled in a reasonable way in consideration of the possibility of delays. Contact information should be exchanged in case a consumer needs to be informed about unexpected delays.

Liability for Loss

• Transportation Law, Chapter 61A, Article 9, Section 199

• 49 CFR 375.203

• NYSDOT website "Consumer Moving Information"

Movers cannot exempt themselves from liability for loss, damage, or injury, caused by their actions to the household goods between the agreed time of commencement for the move and the delivery to the new location. The liability of a mover, however, may be limited to the agreed upon value of the goods by the consumer. Liability may not be limited for loss, damage, or injury to property caused by the negligent actions of a mover, and the burden of proof will be placed on the mover to show that negligence was not the cause for the loss, damage, or injury.

Liability for movers is, however, limited or eliminated through certain actions of the consumer. If the consumer includes perishable, dangerous, or hazardous articles without first notifying the mover, any loss or damage to or caused by them is not the fault of the mover. If the consumer requests that such items be included in the truck, the mover is entitled to adjust their liability for agreeing to carry such items.

Consumers should note all the household goods that are being moved and take photographs of their pre-move condition in case a claim for damage to the property must be filed. Have the mover describe the different levels of liability if there are any uncertainties.

A claim may be unsuccessful if the required documentation is not provided to support the assertion. Maintain all letters, photographs, payment records, and contract documents. In the event of a dispute, such documentation could persuade the mover to abide by what was agreed upon before a claim is filed.

Filing a Claim

• Transportation Law, Chapter 61A, Article 9, Section 198

• NYSDOT website "Consumer Moving Information"

When filing a claim, it is in the consumer's best interest to file as soon as it has been determined that there is a dispute. The claim should be filed in writing. It is a document that should be kept with the others previously stated. File a complaint with the NYSDOT by downloading a Consumer Complaint Form, available at: https://www.nysdot.gov/divisions/operating/osss/truck/moving

and completing and mailing the form to:

New York State Department of Transportation
Office of Safety and Security Services
50 Wolf Road, POD 53
Albany, NY 12232

Filing complaints against a mover with the NYSDOT should be limited to intrastate travel. Other alternatives include attempting to settle through the mover's own dispute resolution program or the option of working with a private attorney.

New York State law requires that dispute resolution programs created by movers must not discourage consumers from filing claims by creating a lengthy process, but should allow for prompt and proper problem solving and provide adequate protection. Any deviation from this requirement should be brought to the attention of the NYSDOT by filing a Consumer Complaint Form.

New York has no jurisdiction over claims arising from interstate moves, whether the move began or ended in New York. Jurisdiction for these moves rests in the hands of the federal Government and the USDOT. Any issues with an interstate move should be forwarded to the Federal Motor Carrier Safety Administration, which can be reached by calling 1-888-368-7238, or a complaint may be filed at: http://nccdb.fmcsa.dot.gov/HomePage.asp

When filing a claim in writing with the mover, keep in mind certain deadlines. Movers must respond to a written claim within 30 days, and some type of written resolution must occur within 120 days. If the mover's resolution dissatisfies you, Small Claims Court is an option. The NYSDOT is not empowered to resolve loss or damage claims, but if a Small Claims Court rules in your favor, they can assist in ensuring the mover respects the judgment. Other issues such as the mover's failure to honor the contract and sketchy business practices can be brought directly to the NYSDOT for their review.

Resources to Help You Prepare to Move

• NYSDOT website "Consumer Moving Information"

For intrastate moves, request a Summary of Information for Shippers of Household Goods from your mover, or the NYSDOT by visiting: https://www.nysdot.gov/divisions/operating/osss/truck/moving

For interstate moves, the USDOT has created "Your Rights and Responsibilities When You Move." A PDF version may be accessed at: http://www.protectyourmove.gov/consumer/awareness/rights/rights.htm

1. NYCRR Title 17, Chap VI, Sub Chap E, Art 2, Section 810.3. ↑
2. NYCRR Title 17, Chap VI, Sub Chap E, Art 2, Section 814.5. ↑
3. 49 CFR 375.507. ↑
4. 49 CFR 375.513. ↑
5. 49 CFR 375.515. ↑
6. 49 CFR 375.517. ↑
7. 49 CFR 375.519. ↑
8. 49 CFR 375.521. ↑