Can I sue a moving company for damage to my personal items?
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Can I sue a moving company for damage to my personal items?
Moved from CA to NC, movers severely damaged several items, estimated approximately $3000. Moving contract stipulates $0.60/lb. payout for damages. They are offering me $321 for damages, which does not cover a fraction of the cost. What recourse do I have?
Asked on August 8, 2011 North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Movers are generally responsible for the damage they do, either negligently (carelessly) or intentionally (deliberately) to their client's belongings. However, at the same time, contractual limitations on liability, such as that you write was in the moving contract, are generally enforceable--parties are allowed to contract away (or limit) their right to compensation. Therefore, while you could bring the contract to an attorney to evaluate, or attempt to sue in small claims and let the court review the contract, there is a good chance that your recovery is limited to what is provided in the agreement. You may be able to also recover under your homeowner's or renter's policy--you should check it to see if it will cover goods in transit. Good luck.
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