How The Law Limits Claims Against Moving Companies
Americans, who are severely overcharged by their moving company, are frequently disappointed to learn that because of an old American piece of legislation called the Carmack Amendment, which dates back to the early 20th century, they are in almost all cases limited to minor action in claims court. The amount of money they are allowed to seek in court, is limited to the amount the moving company overcharged them.
How did the modern shipper/victim, wind up in this predicament. Back in 1908, when the Carmack Amendment was passed, the interstate commercial transport system was dominated by a small group of rail barons. With a dearth of competition, these rail barons controlled the price and conditions of interstate transport. The purpose of the Carmack amendment was to standardize the pricing schedule (tarrifs), for interstate transport, while at the same time, giving shippers the right to choice their level of liability they wish to incur in any move, and know ahead of time what choices were available to them. In return, the carriers were given immunity from almost all types of prosecution as a results of their actions, other than claims in small court. Shippers taking carriers to court were only allowed to seek a monetary award equal to the amount they had been overcharged.
While originally targeted to rail traffic, the Carmack Amendment was later applied to interstate truck commerce,as well, and thus the modern moving industry inherited this protective immunity. Today, due a series of legal decisions in Federal court, this interpretation of the Carmack Amendment has been upheld numerous times. The result being that a moving company can charge 2-3 times more than the original moving cost estimate. They can hold a victim’s belongings hostage while demanding full payment. And the mover knows that the only possible recrimination he will probably face is an occasional civil suit. Victims taking a mover to court are faced with expensive legal bills, which eat into the small amount of compensation they can hope to win.
Given these set of circumstances, many smart movers are looking for other alternatives to transport their goods. One very safe alternative is to use the combination of a packing company and a container shipping company. With this combination, a local packing company will carefully pack your belongings into durable steel containers, which are dropped off at the house. When the packing is complete, the designated container shipper will pick up the locked container and deliver it to the destination. The householder is then responsible for unpacking at the other end. A wise choice of packer and container shipper can insure a safe move. One alternative is a packing company in Florida dedicated to fighting moving scam. This honest company, Packing Services Inc. will come to the house ahead of time, and give you a flat fee guaranteed estimate of services. Currently providing New York and Florida moving services , they have many affiliates and can probably help you find honest service in most states.
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