The Behaviors of Unscrupulous Movers

Re: “Victims Find Unscrupulous Movers Take Them for a Ride” [Aug. 18]

I have observed unscrupulous behavior by nationally known moving companies, both personally and as an attorney, in connection with seeking reimbursement to restore damaged goods.

The movers’ pattern and practice works like this: The mover sells the consumer a “policy of damage insurance,” which is actually not insurance requiring the mover to observe the implied covenant of good faith and fair dealing, but instead is the mover’s own unregulated contract.

After one’s goods are damaged, and a claim made, the mover’s claims adjuster sends out a captive estimator/repair person who severely low-balls the cost to repair mover-caused damage.

The estimator often will try to find pre-existing damage where it does not exist. The estimator, who is rarely, if ever, qualified to restore valuable antiques and goods, will offer to restore the damaged goods for his/her quoted estimate. The consumer must then retain a qualified restorer, get competing estimates/bids, and typically proceed to court (I’ve yet to hear of a mover that settled a claim for even close to the qualified restorer’s estimate) to recover the actual restoration costs.

Interstate moves favor movers, who rely upon the Carmack Amendment to avoid tort damages, thus owing only breach-of-contract (restoration and depreciation) damages.

Intrastate moves are not as legally stacked against the consumer. Nevertheless, for both interstate and intrastate moves, the consumer best protects him/herself by obtaining homeowners insurance (or a rider to an existing policy) providing coverage for any loss occurring during the move, as their insurer has much greater bargaining power with the low-balling mover.

Bruce V. Rorty

Palos Verdes