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6800 Burleson Road,
Building 310,
Suite 165
Austin, TX 78744

TEL: (512) 916-6062
TOLL FREE:
888-622-9111
FAX:
(512) 916-6042
EMail: aaacap@capcog.org

MOVING HOUSEHOLD GOODS

www.dot.state.tx.us/mcd/consumerinfo/hhgindex.htm

On the Move...

Choosing and Using a Household Goods Mover in Texas

Movers who transport a shipment of household goods solely within Texas are required to register and file proof of financial responsibility with TxDOT, and to follow consumer protection rules. The following information is provided by the Texas Department of Transportation (TxDOT) to help make your move easier.

BEFORE YOUR MOVE DURING YOUR MOVE AFTER YOUR MOVE

Before Your Move

Choosing Your Mover

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. Don't be afraid to ask questions, and make sure you get everything in writing, including the company's full name, physical address, and telephone number.

Under Texas law, anyone offering to perform a moving service for hire must be registered with TxDOT. To verify whether your mover is properly registered, check the status of the mover's motor carrier registration: or contact TxDOT at 1-800-299-1700 (select Option 3 from the automated menu). 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.


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Proposal for Moving Services

Texas law requires movers to disclose the maximum amount their customers could be required to pay for the transportation of their household goods. Movers have traditionally used a proposal for moving services to assist customers in determining the price of the move. There are two types of proposals that a mover may provide: a Binding Proposal or a Not-To-Exceed Proposal.

A Binding Proposal provides the customer the exact price of the move based upon the items and services listed on the proposal. On the other hand, a Not-To-Exceed Proposal provides the customer with the maximum price for the move, but allows the mover to charge less than the maximum price. Your mover must provide you a copy of the proposal before loading your shipment.

The mover may not charge you more than the maximum price stated on the proposal unless additional items are added to your shipment and/or additional services are required to move or deliver your shipment. To add items and services, the mover must obtain your permission by having you sign an amendment to the existing proposal or issue a new proposal.

Before your shipment is loaded, it is very important to give your mover a complete listing of items that you wish to move and services that you will need. Because additional services and items may significantly increase the cost of your move, you should:

  • Determine exactly which items you want the mover to move
  • Determine exactly which items you will pack and unpack
  • Determine exactly which items the mover will pack and unpack

If possible, examine your destination to determine whether additional services will be needed to deliver your shipment. Adding items and services during the move may require the mover to provide extra equipment and may require extra time for the mover to complete the move. Because the extra equipment and time were not part of the cost of the move as stated on the proposal, the cost of the move may increase. Examples of additional services that may increase the cost of your move are: connecting and disconnecting appliances; providing extra packing materials; packing and unpacking additional items; carrying your shipment up or down a flight of stairs; and carrying your shipment a long distance between the truck and your residence.

If you have questions about when additional services and charges may apply, ask your mover before the day of your move.


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Pick Up and Delivery Dates

In scheduling your move, consider the dates and times for pick up and delivery. Advise your mover of any deadlines that you might have with regard to pick up 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 pick up and delivery may be delayed, and you may be charged additional fees.


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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.


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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, 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.


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During Your Move

Movers Liability

Your mover has a basic liability of 60¢ 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¢ per pound per article, he may agree in writing to assume a higher level of liability. Your shipment will be valued at 60¢ 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.


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The Difference Between Valuation and 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.


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Packing and Loading

Depending upon your agreement with your mover, you may be doing some of the preparation for your move. If you're doing you 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 track. 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 or money), medications, or important papers to be carried in the mover's truck. The mover is not responsible for these items. Also, remember that it's first in, last out when unloading any truck. Keep toiletries, medicines, and other necessities with you. Your mover may have additional tips for preparing for your move. Don't be afraid to ask.


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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 be responsible for any storage charges.

Check the condition of your property before signing a delivery receipt or inventory. This includes checking any boxes that you do not intend to unpack immediately. If there is damage or loss, make a written notation on the inventory or moving services contract. Be specific, and make sure notations appear on both your copy and the mover's copy.


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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.


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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 your mover carefully. Only use movers that are properly registered with TxDOT as required by state law. Ask the moving company to provide its registration number (the number should be printed on all advertising and paperwork), and use that number to check the mover's compliance and complaint record by calling TxDOT at 1-800-299-1700 (option 3 from the automated menu).
  • 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 your 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.


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After Your Move

Claims

If you discover that items from your shipment have been lost or damaged, you have been overcharged for the moving service or you were not satisfied with the mover's services, you may file a claim with the mover. You must ensure that the mover receives your claim within 90 days of delivery of your shipment. If the mover does not deliver your shipment, you must ensure that the mover receives your claim within 90 days after a reasonable time for delivery has elapsed. Otherwise, the mover may deny your claim.

You should file your claim in writing and as soon as possible. By filing your claim as soon as possible, the mover should be able to process your claim sooner. Additionally, filing your claim as soon as possible will allow you and the mover to remember more details about your move. It is important to file your claim in writing so that you have a record of your claim.

Your written claim should be filed with the mover and any insurance company providing coverage for your shipment. It must describe the type of claim and include the specific remedy you are seeking. For example, your claim should state the amount of money needed to compensate for the damage. Additionally, your written claim should include enough details for the mover to identify your shipment. Along with your written claim, send a copy of your moving services contract and other shipping documents. You should consider sending your written claim and associated documents to the mover by certified/registered mail to help you verify the date the mover received the claim. Before mailing your written claim, make a copy of everything you send for use during discussions with the mover.


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Mover's Response to a Claim

After receiving your written claim, the mover must contact you within 20 days to let you know he has received your claim. Additionally, the mover has 30 days from receipt of your claim to inspect damage of any of the boxes or containers used to move your shipment. Therefore, you should keep any damaged items and boxes involved in the claim until your mover has conducted an inspection. The mover must pay, deny or make a firm settlement offer on your claim within 90 days of receiving your claim. If you are not satisfied with the mover's decision regarding your claim, you may consider seeking relief through TxDOT's mediation program or a court of law.


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Mediation by TxDOT

Mediation is a form of dispute resolution that promotes reconciliation between the parties. It allows you and the mover to discuss your dispute with a neutral third person. The neutral third person helps you and the mover consider solutions to resolve your dispute. Using mediation often helps parties avoid the costly prospect of resolving a dispute through the court system.

Mediation through TxDOT is designed to help you and the mover come to a better understanding of each other's point of view. Through a better understanding of the other person's point of view, you and the mover may find a solution that is mutually acceptable. The mediation formats include telephone conferences, written submissions, or in-person mediation sessions held in Austin, Texas.

If you decide to seek mediation of your dispute through TxDOT, you must file your request with TxDOT within 30 days after the earliest of the following events:

  • the mover denies any portion of your claim;
  • the mover makes a firm settlement offer on your claim; or
  • 90 days has elapsed since the mover received the claim, and the mover has not paid or denied the claim or made a firm settlement offer.

The cost of the mediator and mediation facilities will be paid for by TxDOT. TxDOT will coordinate with you and the mover to determine the best time and date for the mediation. TxDOT uses independent contractors to conduct mediation sessions. If the mediator is able to help you and the mover resolve your dispute, you may choose to put your agreements in writing. If you or the mover do not carry out your side of the agreement, the agreement may be enforceable through the court system. While TxDOT is able to help settle the dispute by providing mediation, TxDOT is not able to enforce a written agreement between you and the mover.

You may seek mediation through TxDOT only on moves that begin and end within Texas. If your shipment was transported across state lines and you have not been able to resolve your claim with the mover, you should contact the U.S. DOT for information on the federal requirements regarding the mover's dispute resolution program.

You may seek resolution of your dispute through sources other than TxDOT. For example, some movers maintain their own alternative dispute resolution programs. Additionally, the Better Business Bureau offers alternative dispute resolution to movers who are members of the Better Business Bureau. Before using one of these programs, be sure you understand the terms and consequences of using the program. If you are not satisfied with the outcome of any dispute resolution process, you might consider seeking relief through a court of law.


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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 by E-mail


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Transporting Shipments Across State Lines

If your household goods were moved across state lines, your move is not within TxDOT's jurisdiction. You may contact the Federal Motor Carrier Safety Administration (FMCSA) Office of Public and Consumer Affairs at 1-888-368-7238.

All written complaints must be submitted on the FMCSA Consumer Complaint Form. Copies of the form are available from the FMCSA office or electronically at www.fmcsa.dot.gov/forms/formspubs.htm

Completed forms should be mailed or faxed to the following.
FMCSA Office of Public and Consumer Affairs
400 Seventh St., SW, MC-PA
Washington, DC 20590
FAX: 202-366-7238


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Other Sources of Information

Better Business Bureau

Consumers Union

Southwest Movers Association

Federal Motor Carrier Safety Administration (FMCSA) (applicable to interstate movers) A new web site to help you avoid getting caught in a scam that could lead to your household goods being held hostage by a "rogue" mover.

For additional information, contact
TxDOT's Motor Carrier Division at
mcd-respond@dot.state.tx.us
Be sure to include your name, phone number, and mailing address when contacting us

write us at
TxDOT - MCD/BC
125 E. 11th Street, Austin, TX 78701-2483
or call us at 1-800-299-1700


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Questions/comments concerning this page,
EMail: austexal@austin.rr.com