What to do if a damage report for a motorcycle was made by my moving company before they shipped it across the country but it wasn’t signed by me before the departure?

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What to do if a damage report for a motorcycle was made by my moving company before they shipped it across the country but it wasn’t signed by me before the departure?

My moving company denied my damage claim that I filed because I watched them drop the motorcycle off the loading ramp. This caused some minor damage so I put in my claim. They denied the claim and said the damage was pre-existing, according to their report. I never signed the report, which was supposed to be presented to me before departure. Is the form and/or any information on it valid without my signature?

Asked on March 13, 2012 under Business Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When someone damages your property and refuses to pay, your recourse is to sue them. If you sue the mover, you will have the opportunity to present testimony and evidence that they caused the damage and that you never signed the report; you can also challenge any evidence or testimony they present. For several hundred dollars of damage, you should sue in small claims court  if possible, representing yourself (that will let you avoid legal fees); if several thousand dollars are at stake, hire an attorney to represent you.


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