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Moving Guide |
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Your
Rights & Responsibilities |
All moves made within the State of Minnesota are
regulated by the Minnesota Department of Transportation (MNDOT). Movers must obtain
authority to operate in Minnesota, they must have liability and cargo insurance on file
with the state, and they must file and have approved all of their rates and charges in a
document-format known as a tariff. However, even with all of these regulations, knowing
your rights and responsibilities when you move can go far in protecting yourself from
unnecessary problems. |
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Finding of Mover |
When looking for a mover, be sure to call several
movers to obtain initial estimates. Movers will either send over an experienced estimator
to look over your goods and give you an initial estimate of the cost of the move or they
will quote you an hourly rate for the move. If an estimator does come out to your home, it
is your responsibility to show him or her everything you intend to move and any special
services you may need. Be wary of a mover who gives you a noticeably low estimate. Also,
check with MNDOT and the Better Business Bureau to obtain complaint figures for any
prospective movers. Some movers may have a provision in their tariff allowing for
guaranteed pricing for goods that are pre-surveyed. However, by far most estimates are
non-binding and should only act as an approximation of your moving costs so that you can
plan financial arrangements in advance of the moving date. It is VERY IMPORTANT to make a
written arrangement for credit or payment of the bill if the final cost of the move should
exceed the estimated amount. If you have not made such an arrangement, the mover may
demand and receive full payment for the total amount of the move no matter what the
estimate. |
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Liability for the Move |
Liability for damage during a move is determined
prior to your move based on the coverage option that you select. Your coverage can be
either "valuation" (which is like self-insurance by the mover) or
"insurance" (in which case you should receive a certificate of insurance issued
by the mover or by an insurance company). Unless you choose full replacement insurance,
your coverage will be for depreciated value. Under Minnesota law, you may choose one of
three options to cover your intrastate (within Minnesota) move:
Option 1: 60 cents
per pound per article.
This is minimum coverage, and you pay no extra. If your goods are damaged or lost, the
movers maximum liability to you under this option is 60 cents per pound per
article. Example: 10 lb. Lamp x 60 cents=$6.00. You would be given $6.00 for that
particular lamp. To choose this option, you personally must write on the bill of lading
"60 cents per pound per article" and sign it.
Option 2: Declared
value.
You determine the total amount your shipment is worth and declare that on the bill of
lading. That amount will be the movers maximum liability to you. Depending
upon the movers tariff, there may be a charge for this type of coverage (i.e. 50
cents per $100 of value). Example: $20,000 shipment value x 50 cents=$100 charge. If there
is a claim, the mover is not obligated to write out a check to you for the entire declared
shipment value. Each damaged item will be repaired or replaced according to its
depreciated value, not to exceed the shipments declared value (in this example the
declared value is $20,000).
Option 3: Insurance.
Your mover can arrange for "trip transit insurance" in the amount you
specify. A certificate of insurance, issued by either the mover or by an insurance
company, must be provided to you. You can choose either depreciated or "full
replacement" insurance. Be sure to ask if there is a deductible. Unless the
movers tariff specifies otherwise, there will be a charge for this coverage. You may
also want to check your own homeowners policy to see if it provides coverage.
Note: If you do not choose any of these three options, the movers maximum
liability to you under the law is $1.25 times the weight of the total shipment.
Example: Your shipment weighs 10,000 pounds x $1.25=$12,500 value. This coverage works the
same way as a declared value (See Option 2). This is depreciated value, not replacement
coverage, and there may be a charge for this type of coverage in the movers tariff. |
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Before the Mover Arrives |
Certain moving preparations are your
responsibility and should be made before the movers arrive, even if the mover is to do
both the packing and unpacking. Major appliances such as refrigerators, televisions, and
washing machines require disconnecting and special services to protect them during the
shipment. Other items which are attached to walls or floors such as draperies,
pictures, or tacked-down carpets should be removed and ready for shipment. Some moving
companies may provide these services for you at your request and expense. Also, do not
pack money, jewelry, important papers, or other valuable personal items with the shipment. |
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Condition of Your Goods |
When the mover arrives and begins packing up your
goods, the movers will often make notations on an inventory sheet or on the bill of lading
that will reflect any pre-existing damage to your furniture. You should be sure that a
proper description of the condition of your furniture is entered on the record. Before
signing such a record, note on it any exceptions you may have as to the condition
description. For example, the driver may have noted that "desk is scratched."
You may elect to add, for example, "on left side only" if this is the case. The
more accurate the description, the more legal protection you have in the case of damage. |
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Bill of Lading |
A bill of lading is a receipt for your goods and
it represents the contract between you and the mover. Most of the terms on the bill of
lading are prescribed by Minnesota Law. The bill of lading also makes reference to the
rates and conditions of the mover's tariff, the legal document that is filed with the
state that contains a mover's rates. You should make a detailed reading of the bill of
lading to make sure that you understand the terms and conditions of the move. |
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Delivery of Goods |
Once your goods have been unloaded by the mover,
the driver will ask you to sign the delivery receipt, the bill of lading, or the inventory
sheet. Before signing any such sheet, be sure that any obvious damage or lost items are
noted on the sheet. Telling the driver about these things will not mattermake sure
that they are noted on the sheet. Do not sign any delivery papers until the delivery is
complete. |
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Filing of Claims |
As previously mentioned, the mover's liability
for loss and damage is decided upon before the move is conducted. If you discover damage
or loss to any of your items, ask for a claim form from the mover. Fill out the form,
noting any damage or loss, and return it to the mover. Also, be sure to save any damaged
items so that they can be examined by the mover. You will have nine (9) months from the
date of the move to file a claim with the mover. If the mover disputes the claim, you have
two (2) years from the date of the disavowment to take the mover to civil court.
The Minnesota Department of Transportation (MNDOT) can be very helpful in assisting
consumers who are having problems with a mover honoring their coverage responsibilities
for damage or loss. However, MNDOT has no authority to determine whether or not the mover
is liable in particular circumstances, and the amount necessary to repair or replace items
cannot be decided by the department. |
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Storage in Transit |
If your new residence is not ready to move into,
it may be necessary to have your goods stored for later delivery. If your goods are in
storage for 90 days or less, the terms of the storage fall under the mover's tariff on
file with the Minnesota Department of Transportation. However, if the length of the
storage period exceeds 90 days, you may need to sign a separate bill of lading for the
warehousing of your goods. Warehousing of your goods fall under the regulations of the
Minnesota Department of Agriculture. Therefore, the storage of your goods are subject to
the rates, terms, and conditions of the mover's warehouse rate schedule on file with the
Department of Agriculture. |
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