How To Submit A Claim
How do I file a claim?
If the mover lost or damaged something, they want to handle your claim promptly and fairly, but please remember: The claim procedure is governed by rules that may be frustrating, but they're the same for all moving companies. Please do read the follwing, follow its suggestions, and avoid delays by providing all the information requested in the attached statement of claim.
When To File A Claim?
As soon as possible! The longer you wait, the harder it is to remember accurately or find key supporting papers. If you've moved from out of state, your written claim must be submitted within nine months of delivery. If you moved within your state, it may be much less; check your copy of the moving contract.
Who Is Responsible For What?
When you arranged for your move, you signed an agreement - a contract- which tells "who's responsible for what". Its printed on the order of service, bill of lading, or checklist.
What Kind of Proof Is Needed?
Naturally, there's got to be some proof that the loss or damaged happened while the mover handled your goods on the inventory receipt, bill of lading checklist, or other delivery report. If you've moved from out of state, these notations were made by the driver, as you were both (we hope) checking items at delivery. When you signed those papers, it was like saying, "Okay, everything here is in good shape, except the items noted (if any)". Its like counting your change at the checkstand; if you don't, and later find that you're short, it's difficult to get an adjustment the next day, practically impossible a week later. Right?
If Something Is Lost
The moving company promptly trace items noted as lost on the delivery receipt, but this may take 30 days or longer after you've fully described the article. If you've received and signed for all the containers, you surely won't claim loss of an individual packed item.
What If Your Appliance Doesn't Work
The washer or dryer, refrigerator, freezer, TV set, hi-fi set, radio, etc. , isn't working? If there is no visible external damage, the failure may be caused by normal vibration during the move, or even by something unconnected by the move. In either case its not their responsibility. If it was damaged and noted on the delivery papers, fill out the statement of claim, but, don't call a service until you hear from the moving company. Even if the mover is not responsible, they can help you locate an appropriate repairman. If you don't know one please call the mover.
Wait For the Moving Company's OK Before Calling A Repairman. Two good reasons for this:
The movers may want to inspect the item to decide how the damage can be fixed, and movers work with many skilled, and reliable repair and service people and they may be the only ones authorized.
Few Things Get Better With Age
Most things - and people, too - go downhill a bit with age or changes in temperature or humidity. Some items fade, crack, warp, shrink, or rust; others mildew, become infested, or lose flavor. All of these are beyond the control of man. The legal term for this kind of damage is "inherent vice," which is recognized to be not the fault of the moving and storage company and they are, therefore, not held responsible.
If It Was Part of A Set
It's most distressing when the loss or damaged item is part of a pair or a set. Nevertheless, in most cases, only the value of the item, not the pair or the set, can be compensated. Hopefully you've bought enough protection so the damaged piece can be repaired or replaced.
Is There A Price For Inconvenience?
For a while, you'll be without use of a lost or damaged item and that's inconvenient, we know. But the mover cannot compensate you for such inconveniences because it's not part of the coverage provided by the moving industry, nor is there any practical way to put a value on such an inconvenience.
How Much Is It Worth?
Standard depreciation must be applied when determining the value of an article. Moving companies compensate either in cash (for value or repair), or by repairing or replacing the item, whichever way is most economical.
Household goods dispute settlement program?
Federal Mandated Publication What Is Arbitration?
Arbitration is a substitute for going to court to settle disputes. Under arbitration procedures, two parties unable to resolve their differences submit their dispute to an impartial third person for a final determination. The proceeding is governed by rules and procedures agreed upon in advance by both parties.
Who Sponsors This Program?
The American Movers Conference (AMC) is a national trade association representing carriers and agents of the household goods moving industry. AMC is sponsoring this dispute settlement/arbitration program so that its member carriers may offer an effective, fair and expeditious way to solve disagreements in connection with loss and damage claims on household goods.
Who Actually Administers The Arbitration Procedures?
The program will be administered by the American Arbitration Association (AAA), an independent non-governmental organization, not affiliated with either the American Movers Conference or its member household goods carriers. The AAA was chosen to run the program because it is recognized as the leading independent arbitration authority in the country. It is a public service, non-profit agency with 33 offices nationwide, which is dedicated exclusively to the resolution of disputes of all kinds.
Has This Program Been Approved By An Outside Agency?
The Interstate Commerce Commission (ICC), which regulates the interstate operations of household goods carriers, has approved this program. By law, the ICC is responsible for overseeing the functioning of any approved dispute settlement program.
What Are The Legal Effects Of An ICC-Approved Program?
The Household Goods Transportation Act was passed by Congress on October 15, 1980. It provided guidelines to permit carriers to establish dispute settlement/arbitration programs, subject to ICC approval. in addition, the Act contains certain provisions relating to the legal effects on shippers (consumers) and carriers. You should carefully consider the legal effects of the following provisions of the Act before you decide whether or not to use the program.
To encourage carriers to participate in arbitration programs, the Household Goods Transportation Act of 1980 provides that where a court action is instituted to resolve a dispute between a shipper (consumer) and a carrier concerning the transportation of household goods, reasonable attorney fees must be awarded the shipper:
IF the shipper submitted the claim to the carrier within 120 days after the date the shipment was delivered or the day on which the delivery was scheduled, whichever is later; AND IF the shipper prevailed in the court action. in addition, one of the following must be applicable: There was no ICC-approved dispute settlement program available for use by the shipper to resolve the dispute.
A decision resolving the dispute was not rendered within 60 days of receipt of written notification of the dispute or an extension thereof as provided under the rules of the program, or under 49 USC 11711 (b)(8).
A court action is instituted to enforce a decision rendered under the dispute settlement program.
Additionally, to discourage shippers from filing non-meritorious claims in court, the Household Goods Transportation Act provides that a carrier may be awarded reasonable attorney fees where a shipper has brought court action in "bad faith," either:
after a decision has been issued under an approved dispute settlement program; or after a shipper has instituted a proceeding under such a program but before a decision resolving the dispute is rendered, provided the dispute is finally resolved within the 60-day period allowed or a valid extension is granted as stipulated by the program.
When Would I Use This Arbitration Program?
This program was established for the settlement of disputes involving loss and damage claims on interstate shipments of household goods. Under ICC regulations, a claim for loss and damage to your household goods during a move must be filed with the carrier within nine months after delivery. However, the above mentioned legal effects may be affected by the date a claim is filed. The carrier must acknowledge any claim within 30 days of receipt, and within 120 days must deny or make an offer in settlement of your claim. If you and the carrier cannot resolve a dispute in connection with your claim, you may request arbitration procedures administered by the AAA. First, however, be sure you have exhausted your remedies through the regular claims process and the carrier has made its final offer.
How Does The Arbitration Program Work?
This arbitration is voluntary and optional, and neither the carrier nor you, the shipper, is committed to arbitrate a claim dispute until both complete and sign the prescribed forms to initiate the procedures. Either you or the carrier may request arbitration from the AAA. However, neither party may force the other to arbitrate a disagreement. Arbitration is voluntary, and each party must agree to it. If a carrier does not agree to take a dispute to arbitration, the reason for that refusal will be clearly stated.
After both carrier and shipper agree to arbitrate and sign the official "Submission to Arbitrate" form, they appoint the AAA administrator of the arbitration. The AAA then appoints an arbitrator from its national panel of arbitrators who will render a decision that is legally binding on both the carrier and the shipper. AAA arbitrators are trained and experienced volunteers from all walks of life. They are never in any way connected with either party in a dispute they are arbitrating.
The arbitrator's decision is based on all statements of fact and documents relevant to the claim. The standard procedure is "desk arbitration" where the arbitrator conducts the arbitration on the basis of written documents submitted by both parties. Prior to the arbitration, both parties are provided with copies of everything that the arbitrator will base his decision on.
An optional oral hearing of the evidence in a dispute can also be arranged at an additional cost where both the carrier and the shipper agree to the oral hearing and the date, time and location.
How Much Does Arbitration Cost?
AAA arbitrators are not paid for settling disputes under this program. The AAA does, however, charge an administrative filing fee to institute the standard "desk arbitration" procedures. That fee is paid by the carrier when it agrees to a shipper's request to take a claim dispute to arbitration. The AAA charges an additional $100.00 each to both carrier and shipper for an optional oral hearing as of January 1, 1992. The cost of an optional oral hearing is subject to change at the discretion of the AAA.
What Can An Arbitrator Award And What Is The Legal Status of That Decision?
The arbitrator may grant any remedy or relief the arbitrator feels is just, equitable and within the scope of the agreement between the parties and the rules of the program. in general, the amount of any award may not exceed the carrier's liability under the Bill of Lading. In reaching the decision, the arbitrator considers applicable federal law, ICC-approved tariff rules, as well as applicable usage and practices of the moving industry. Under the rules of the program, the arbitrator does not have jurisdiction to consider claims for consequential or incidental damages, mental anguish, loss of wages, punitive damages, alleged fraud, violations of the law or any claim which cannot be arbitrated under the law, such as allegations of criminal activity. The arbitrator's decision is legally binding on both parties and can be enforced in any court having jurisdiction over the dispute.
Under rules of the program, there is a limited right to appeal on the arbitrator's award; however, courts will usually not revise findings of fact or law in a binding arbitration award.
How Do I Request Arbitration?
A shipper may request arbitration by writing to the American Movers Conference, ATTN: Dispute Settlement Program, 1611 Duke Street, Alexandria, Virginia 22314- 3482. Your letter of notification to the American Movers Conference must be sent within 60 days after a final offer or denial on your claim has been made in writing by the carrier.
In addition to your name, address and phone number, the following information should be included in your letter to the American Movers Conference: the name the shipment moved under, identification number of shipment, dates and location of pickup and delivery, and any assigned loss and damage claim number. The American Movers Conference will promptly send written notice of your request for arbitration to the carrier. The carrier must then respond to you within 15 days by either sending three signed copies of the required forms and the program rules to you, or by advising you in writing that it declines to arbitrate the dispute. If a carrier does not agree to take a dispute to arbitration, the reason for that refusal will be clearly stated.
How Is An Arbitration Case Opened With The American Arbitration Association?
You have 15 days from the date of receipt of the forms and information from the carrier to elect to initiate the actual procedures. The shipper accomplishes this by completing and signing the "Submission to Arbitrate" and "Claimant Questionnaire" forms, and mailing them with other supporting documents to:
American Arbitration Association Attention: AMC Household Goods Dispute Settlement Program 140 West 51st Street New York, New York 10020
How Long Before a Decision Is Announced?
The arbitrator will make an award in each case no later than 60 days after receipt of all necessary forms and documents, or in the event of an oral hearing, within 30 days after the arbitrator concludes the hearing. The arbitrator may, however, extend the time period in order to obtain additional information to resolve the dispute.
How Do I Obtain More Information About This Arbitration Program?
You may request program rules and sample forms from either the carrier or the American Movers Conference. |
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