What Documents Must Be Provided to Shippers Before a Move?

Posted by David Piotrowski

There are certain required documents and handouts that a Carrier must provide to a Shipper before a move takes place. Specifically, the following documents and handouts must be provided to Shippers before a move:

1. The FMCSA publication entitled, “Your Rights are Responsibilities When You Move.” This is a fairly long document that details the moving process. To use the FMCSA’s own words, “This booklet explains to you what you have a right to expect from your mover and what you should do to help ensure that your move is a smooth one.” You can review the booklet here.
2. A concise, easy-to-read, accurate, written estimate. Estimates can be either binding or non-binding.
3. A notice that applicable sections of the Carrier’s tariff may be viewed, including an explanation that individual Shipper’s may examine these tariff sections or have a copy sent to them upon request.
4. A concise, easy-to-read, accurate summary of the Carrier’s arbitration program. All interstate Carrier’s must have an arbitration program in place.
5. A concise, easy-to-read, accurate summary of the Carrier’s complaint handling procedures. This would include an explanation of how to file and proceed with a claim against the moving company.
6. The FMCSA publication entitled, “Ready to Move.” This provided a brief overview and a checklist of points to consider before hiring a mover. It is much shorter and easier to understand than “Your Rights and Responsibilities When Your Move.” You may view the “Ready to Move” publication here.

Moving Claims Timeline

Posted by David Piotrowski

Many people move each year without any problems. Yet, on occasion, even honest, trustworthy, “good” movers accidentally damage or lose an item belonging to a shipper. Once the shipper receives his or her goods, he or she should go through the items as soon as possible. If a claim is to be filed, there are certain rules and timelines to follow. This article will provide a brief overview of the claims process and timeline for household goods moving claims.

In order to file a claim with a household goods moving company, the claim:

• Must be in writing;
• Must be “timely filed”;
• Must clearly identify the shipment;
• Must assert liability;
• Must make a claim for payment of a specified or determinable dollar amount.

To be “timely filed” means that the claim must be filed in writing with the carrier within nine (9) months from either 1) the date of delivery (or in the event of total loss, on the date the shipment should have been delivered), or 2) the date of conversion from Storage in Transit to permanent storage. The shipper can file a claim at any time during these nine (9) months, but not later.

After the shipper files the claim with the carrier, the carrier has thirty (30) days to acknowledge receipt of the claim. The carrier has no obligation to respond immediately after receiving a claim, and it is often in the shipper’s best interest not to constantly contact the carrier as this may aggravate the issue. The carrier will need time to review, gather the paperwork, analyze the merits of the claim, and draft a response. The carrier has one hundred and twenty (120) days from receipt of the claim to either pay, decline to pay, or offer a settlement to the shipper. At the end of the one hundred and twenty (120) days, the carrier may receive an extension of an additional sixty (60) days.

These rules and timelines have been placed into effect in an attempt to make it fair and reasonable to both the carrier and the shipper.

Moving Dates

Posted by David Piotrowski

Moving can be a very stressful time. Stress levels can be increased when any part of the move does not go exactly as planned, including a change to the pickup and/or delivery date of the shipment. The following will briefly outline the rules and procedures to follow when a pickup or delivery will fall outside what had been estimated.

First of all, it is important to state that household goods transportation services must be done in a “timely manner.” Transportation in a timely manner is also known as ”reasonable dispatch service.” Carriers must provide reasonable dispatch service to all individual shippers, except for transportation on the basis of guaranteed pickup and delivery dates.

Carriers must tender delivery to shippers on the agreed delivery date or within the period specified on the bill of lading, unless waived by the shipper.

But what are the rules and what happens if a carrier is unable to pickup or deliver a shipment in accordance with the times that had been anticipated? Under this scenario, carriers must follow strict guidelines to ensure compliance with the law.

When a carrier is unable to perform either the pickup or delivery of a shipment on the dates or during the periods specified in the order for service and as soon as the delay becomes apparent to the carrier, the carrier must notify the individual shipper of the delay, at the carriers expense, and in one of the following three ways:

(1) By telephone,

(2) By telegram, or

(3) In person.

The carrier must advise the individual shipper of the dates or periods that the carrier expects to be able to pick up and/or deliver the shipment. The carrier must consider the needs of the individual shipper in its advisement. Furthermore, the carrier must do the following four things:

(1) Prepare a written record of the date, time, and manner of notification,

(2) Prepare a written record of the carriers amended date or period for pick-up or delivery,

(3) Retain these records as a part of its file on the shipment, and

(4) Furnish a copy of the notice to the individual shipper by first class mail or in person if the individual shipper requests a copy of the notice.

Delays are unfortunately inevitable from time to time and the above rules are in place to ensure proper communication between the carrier and the shipper and is intended to keep the shipper informed as to the status of their shipment.