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Question

We just recently moved from Ohio to Texas in the last 6 wks. For the move, we hired movers from a moving company to load our ABF trailer. ABF then transported our moving belongings to Texas. When the trailer arrived, we had numerous damaged furniture, broken boxes, etc. We checked with ABF and found there was no problems with the shippment and when our insurance looked into it, it was shown that the trailer was loaded incorrectly. The movers had put heavier furniture on top of lighter and with the weight it pushed everything forward and hence we got major damage on almost every piece of furniture. When we contacted the mover, he denied that his guys did anything wrong and said out of curtesy he'd do the 60 cents on the doller. We contacted a furniture repair company and they sent a letter stating the furniture could not be repaired. Now the mover wants to do a wavier. Is there anything we can do to get at least some of our furniture replaced or legally protect us?

Submitted: 15 days and 10 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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we contacted moving company, trailer company, our insurance company, furniture repair company, manufacturer warranty company, we have done numerous emails and phone calls to this guy.

Posted by D. WINOGO ESQ. 15 days and 9 hours ago.

Answer

Your only recourse, if both the mover and his insurance company refuse to compensate you, is to sue the moving company for negligence, and your damages would be the value of the all the items damaged in the move.

15 days and 9 hours ago.

Reply

Can we do this even though we are not in the state of Ohio anymore? And based on your experience if we sue them...what are the chances of winning normally against situations like this? Because the damage is in the amount of 3 to 4 thousand dollars. And if the chances are that low, then it would cost more to sue them then to repay for our furniture.

Accepted Answer

Yes, you would have to sue in Ohio though where the contract was entered into. If the damages amount to $3-4,000, then your best bet would be to sue in small claims where you would not need to retain an attorney. Your chances of success are very good if you can provide an itemized list of the all the goods that were transported and damaged, and proof of their value, as well as photographic evidence of their condition before and after the move.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/5/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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