HOUSEHOLD MOVES
Each year, thousands of Texans move from one home to another. Often professional moving companies are hired to complete these moves. The vast majority of professional moving companies are reputable, honest, and dependable. A mover who transports a shipment of household goods strictly within Texas is required to register with TxDOT (Texas Department of Transportation) and follow consumer protection guidelines. However, the prices charged by movers, including valuation fees and insurance premiums, are not set by TxDOT. The following information is provided to help you to be an informed consumer before, during, and after your move.
Before You Move
Choosing Your Mover:
Under Texas law, anyone offering to perform a moving service for hire must be registered with TxDOT. You will have many choices of household goods movers. Since the prices and services offered vary from mover to mover, you may want to shop around before hiring a mover. Additionally, you may wish to call TxDOT at 1-800-299-1700 (option 3 from the automated menu) to verify whether your mover is properly registered. TxDOT can also give information about the mover's complaint history and annual report. You may also want to contact other sources such as the Better Business Bureau for information.
Check out a mover's registration number, references, and complaint history BEFORE entering into a moving services contract. Remember legitimate business people have legitimate business expenses. If a price seems too good to be true, it probably is. Don't be afraid to ask questions, and make sure you get everything in writing, including the full company name, physical address, and telephone number of the mover.
Proposal for Moving Services - Getting a Written Estimate
Prior to loading, your mover must provide a written proposal. The proposal must provide the maximum amount you will be required to pay at the delivery. The proposal must be one of two types: binding or not-to-exceed. A binding proposal states the exact price of the move. A not-to-exceed proposal states the maximum price of the move, but allows the mover to charge less than the maximum. Informing your mover of all items to be moved and services you expect the mover to provide will assist the mover in making the proposal. If possible, you should find out exactly what services you will need the mover to perform at your destination. Services at the destination may include "stair carries," "long carries," and "elevator" use. Due to the additional labor required to provide these services, additional fees may be charged by your mover. Informing the mover before the move of all items to be moved and all services to be provided will help avoid misunderstandings and help prevent the need to amend the proposal.
Your mover is responsible for providing you with a pamphlet entitled "Your Rights and Responsibilities When You Move in Texas" prior to moving. The information provided in the pamphlet is similar to the information provided in this Web site.
This proposal is a maximum price as to what a move will cost based on the items you tell the mover you want packed and moved. Be sure the estimator sees everything you want to move and understands any special services that may be required in your current home and your eventual destination (e.g. stairs, elevators, etc.) A written estimate should include all the decisions you have made regarding what you want moved, the size of the vehicle to be used, required staffing, and the mover's liability for loss or damage. Have your mover sign your copy of the estimate.
Pickup and Delivery Dates
In scheduling your move, consider the dates and times for pickup and delivery. Advise your mover of any deadlines that you might have with regard to pickup and delivery. To ensure that there is no confusion, note these deadlines either on your written proposal or moving services contract. If you are not available at the agreed times, the pickup and delivery may be delayed, and you may be charged additional fees.
Inventory
Your mover may offer to prepare a descriptive inventory of the shipment. The inventory will list your goods and note their condition. The mover may charge a fee for this service only if you agree to the preparation of the inventory. The mover will ask you to sign the inventory after loading and possibly after unloading. As with any shipping document, you should review it for accuracy when your shipment is picked up and delivered. Important: Since inventories are often used during the claim process, inspect your shipment carefully. Make sure all boxes and items are accounted for at delivery. If there is obvious loss or damage, note this on the inventory at delivery.
Moving Services Contract
Your mover will prepare a moving services contract. The moving services contract may be in the form of a bill of lading, work ticket, or other receipt. This contract lists important information about your move, including your name, the mover's name, address and phone number, and the mover's limitation of liability for loss or damage to your goods. The agreements on your written proposal provided by your mover become part of your contract. Be sure all agreements between you and your mover, including services to be provided at the destination, are written on the moving services contract. Do not rely on any verbal agreements. Make sure all documents offered by the mover for your signature are filled out as much as possible before you sign. Read the documents before you sign your name.
The bill of lading or moving services contract is your contract with the mover. It states the mover's responsibilities, such as the services they will perform, when, how and what they will charge for the move, and what their liability is. Be sure you understand all parts of the contract, including the section detailing the carrier's liability, and get a copy. DO NOT sign the contract until you understand and agree with it. Remember, movers are required to issue you a bill of lading or moving services contract, so don't hire a mover who doesn't want to use one.
Choosing Coverage - Mover's Liability
Your mover has a basic liability of 60 cents per pound per article. This means if your 50 pound television is damaged, your mover is liable for a maximum of only $30. Although your mover cannot reduce his liability below 60 cents per pound per article, he may agree in writing to assume a higher level of liability. Your shipment will be valued at 60 cents per pound per article unless you and your mover agree to a higher level of liability on your moving services contract. Your mover may assess additional fees, (sometimes referred to as a valuation fee), for assuming the higher level of liability. Noting a higher level of mover liability (valuation) is not the same as purchasing transit insurance.
Transit Insurance
You may wish to purchase transit insurance to cover loss or damage to your goods. Your mover may offer to sell you this type of policy or it may be purchased directly from an insurance company. Transit insurance is not regulated by TxDOT or the Texas Department of Insurance, so be sure to read the transit insurance policy and understand the coverage and any deductibles. Your mover is required to provide you with a copy of the policy or other appropriate evidence of insurance purchased through them before the move is begun.
Packing and Loading
Depending upon your agreement with your mover, you may be doing some of the preparation for the move. If you're doing your own packing, be careful about overloading cartons. Be sure to use appropriate cartons so your goods will arrive safely. Carton tops should be flat and taped securely for easy handling and safe stacking in the truck. To avoid damage, do not pack fragile items and heavy items in the same carton. Mark fragile cartons. DO NOT pack valuables (such as jewelry, money, etc.), medication, or important papers to be taken on the moving truck. The mover is not responsible for these items. Remember, it's first in, last out when loading any truck. Keep items such as toiletries, medicines, and other necessities with you. Your mover may have more tips for preparing for your move. Don't be afraid to ask.
Delivery
Be at the destination site at the time agreed upon for delivery. If you are not there and delivery cannot be made because of your absence, your property may be put in storage. You will then be responsible for storage charges.
Check the condition of your property before signing a delivery receipt. This includes checking any boxes which you do not intend to immediately unpack. If there is damage or loss, make a written notation on the inventory or moving services contract. Be specific! Make sure notations appear on both copies (yours and the mover's)
Payment of Charges
You should be prepared to pay the maximum amount of money shown on the written proposal provided by your mover. The proposal must explain when you will be required to pay your mover and what forms of payment are accepted, such as personal checks or credit cards. Remember that the last amended contract or written proposal lists the total price that you may be required to pay at delivery.
KEYS TO A SUCCESSFUL MOVE
The best way to avoid problems is to plan ahead and be prepared. No two moving companies are the same, and some are better than others. It is worth your time and effort to do the following:
· Choose carefully to only use a mover registered with the TxDOT. Ask the moving company to provide its registration number (the number should be on all advertising and paperwork) and use that number to check the mover's compliance and complaint record.
· Get and keep a signed written agreement.
· Be ready when the mover arrives.
· Accompany the mover to make up an inventory.
· Understand and agree with the bill of lading or moving services contract before you sign it.
· Before you move, ask the moving company to explain its limits of liability and your options for loss and damage protection.
· Be at the destination at the time agreed upon for delivery.
· Check the condition of your property before you sign a delivery receipt or inventory.
· Keep copies of all documentation pertaining to your move.
DURING THE MOVE
(Items to keep with you during your move)
The following are important and useful items that you may need during your move and should keep with you in a box or kit:
· Basic tools - hammer, screwdriver, utility knife, nails, tape, flashlight, light bulbs, extension cords, etc.
· Payment for the movers; the moving services contract and attachments.
· Bathroom needs - towels, soap, toilet paper, shower curtain, etc.
· Kitchen needs - snacks, drinks, disposable utensils, cups and plates, etc.
· Cleaning needs - sponges, cleansers, broom, dustpan, garbage bags, etc.
· Personal needs - eyeglasses, medications, telephone, alarm clock, checkbook, clothes, notepad and pen, etc.
· Keys, a map and directions to your new home.
· Children's games and toys.
· Pet supplies - water, food, identification tag with new address.
· Anything else you might need during the first day in your new home.
(Make sure you keep your kit with you, so that it will be available for use right away.)
AFTER YOUR MOVE
Claims
If you have a dispute about the charges or loss/damage to your goods, you should first file a written claim with your mover. Include in your claim the specific amount of money or other solution you are seeking. List enough information for the mover to investigate your claim. Provide your mover with any shipping documents and other information requested. You must ensure that your mover or his agent receives your claim within 90 days of delivery of the shipment. If your mover does not receive the claim on time, your claim could be denied. If your claim involves damaged goods, you should preserve the containers and any damaged goods so your mover may inspect them.
Mover's Response to a Claim
Your mover must contact you within 20 days (excluding Sundays and holidays) of receipt of your written claim. Your mover has a right to inspect containers or damaged goods within 30 days of receiving your claim. Your mover must pay or deny your claim, or make a firm settlement offer, within 90 days of receiving your claim. If you are not satisfied with your settlement, you can contact TxDOT for mediation or you may pursue the claim in a court of law. Some movers may have mediation or binding arbitration programs. Before using a program of this type, be sure to determine if it restricts your right to pursue your dispute with TxDOT or through legal action.
Mediation by TxDOT
If you wish to file for mediation through TxDOT, you must submit your request within 30 days after any portion of your claim is denied. Additionally, if your mover has not paid or denied your claim or made a firm settlement offer within 90 days of receiving your claim, you have 30 days to request mediation through TxDOT. The mediation will be held by telephone conferences, by written submissions, or in person at TxDOT facilities in Austin, Texas. The cost of the mediator is paid by TxDOT. If you and the mover agree to a solution to your claim during mediation, your dispute may be resolved. If you and your mover do not reach an agreement through mediation, you may pursue your claim through a court of law.
Contacting TxDOT
You may contact TxDOT at any time for information on household goods moves within Texas. Claims are filed with your mover, and TxDOT does not settle claims. However, TxDOT can advise you on the claims handling process and does coordinate the mediation of disputes. If you have questions about moving within Texas or wish to make a complaint about a mover, you may contact TxDOT at 1/800-299-1700 (Select Option 3) or through their website at www.dot.state.tx.us.
INTERSTATE (ACROSS STATE LINES) MOVES
If your household goods moved across state lines, it does not fall under the regulations of TxDOT. Consumers may call 1-888-DOT-SAFT (1-888-368-7238) to report a complaint or submit their complaint in writing to the Federal Motor Carrier Safety Administration (FMCSA) Office of Public and Consumer Affairs. All written complaints must be submitted on the FMCSA Consumer Complaint Form. Copies of the form are available from the FMCSA office or electronically from the FMCSA website at http://www.fmcsa.dot.gov/factsfigs/formpubs.htm
Completed forms should be mailed or faxed to the following address:
FMCSA Office of Public and Consumer Affairs
400 Virginia Ave. SW, Ste. 600
Washington, DC 20024
Fax #202/358-7100