Arbitration After You Move
Movers routinely take every precautionary measure to insure that while your household goods shipment is in their possession no items are lost, damaged or destroyed. However, despite their best efforts, articles are sometimes lost or damaged during the move. Sometimes disputes arise over the charges that were assessed after your move.
If any of your household goods are damaged or lost, report the facts promptly and in detail on the van driver's copy (original) of the inventory sheet before you sign it. Then, file your claim in writing with your mover for any loss or damage that occurred or if you wish to dispute the additional charges that applied for your move. If you are unable to get your claim with your mover settled to your satisfaction, you can use arbitration as a means of obtaining a resolution.
For any dispute with your mover regarding loss or damage that occurred to the articles in your shipment, disputed charges, or general complaints about your move, you should first file a claim with your mover.
The Federal Regulations require that your mover offer an arbitration program to assist in resolving disputes about loss and/or damage claims, and disputes involving charges claims in addition to charges collected upon delivery for interstate moves. The arbitration program was designed as a less expensive alternative for consumers than taking legal recourse as a means to resolve a dispute between you the consumer and your mover.
ARBITRATION: LOSS/DAMAGES CLAIM and DISPUTED CHARGES
ATA's Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding loss/damage claims and/or certain types of disputed charges claims. If your mover denies your claim or provides a settlement offer that you are not satisfied with, you may elect to use arbitration to have your claim resolved.
Loss/Damage Claims
The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding loss and damage claims.
If you have a dispute with your mover regarding loss or damage that occurred to the articles in your shipment, you should first file a claim with your mover. If your mover denies your claim or provides a settlement offer that you are not satisfied with, you may elect to use arbitration to have your claim resolved.
The ATA Arbitration Program operates under federal guidelines and is limited in the type of cases that may be arbitrated. Under the program, arbitration is optional and voluntary for you but mandatory for your mover if the amount of your disputed loss or damage claim is $10,000 or less and no settlement can be reached. If the amount of your disputed claim is over $10,000, your claim may be arbitrated if your mover agrees to do so.
The FORUM administers our arbitration program. FORUM is an independent, non-governmental organization that is not affiliated with ATA or with any household goods moving company. FORUM maintains a panel of independent and neutral arbitrators that include law professors, attorneys and former state and federal court judges to resolve the disputes. FORUM will charge an administrative fee to arbitrate your case. The administrative fee, which is divided between the parties on a prorated basis (unless your mover agrees to pay all or a portion of your share of the fee), is paid to FORUM; ATA does not receive any portion of the administrative fee. The parties to your proceeding will be you and your mover with FORUM acting as the neutral program administrator. Neither ATA nor any of its employees takes any role in the arbitration proceeding or has any influence in the outcome of the arbitrator’s decision. (ATA serves only as a clearinghouse to make sure that your mover properly addresses your initial request for arbitration as required by the Federal statute).
Arbitration Request Form
Download the FORUM Arbitration Program Rules and Procedures
The decision of the Arbitrator that you receive from the FORUM will be kept confidential. Federal law (Section 14908, Subtitle IV, Title 49 United States Code) specifically prohibits an interstate carrier or its agent from disclosing any information about your shipment without your permission, except in response to legal process issued under authority of a court of the United States or a State or to an officer, employee, or agent of the United States government. Therefore, ATA respects your right to privacy in such matters and will keep the results of your arbitration case confidential.
For more information about the FORUM, visit www.adrforum.com/ata.
*Arbitration services are available to participating ATA interstate mover members only.
Disputed Charges
The Arbitration Program ensures that our members comply with the federal requirement that they must have a formal arbitration program available to resolve their customers’ disputes regarding certain types of disputed charges.
While most disputed claims for loss and damage are eligible for consideration under the mandatory arbitration provisions, only certain types of disputed charges are eligible. Disputes regarding charges that your mover collected when your shipment was delivered are not subject to mandatory arbitration. However, disputes regarding additional charges that your mover billed to you after your shipment was delivered are eligible for consideration under the mandatory arbitration provisions.
If you have a dispute with your mover regarding the additional charges that your mover billed to you after your move, you should first file a claim with your mover. Then, if your mover denies your claim or provides a settlement offer (refund) that you are not satisfied with, you may elect to use arbitration to have your claim resolved.
Under the regulations, your mover is authorized to collect the following charges when your shipment is delivered:
100% of the binding estimate amount or 110% of the non-binding estimate amount, plus
Charges applicable for any services (i.e. waiting time, extra pickup or delivery, storage-in-transit) that you requested after the contract was executed that were not included in the estimate, and
In the event that shuttle service is required, the mover may also collect for the shuttle charges at delivery — provided that the shuttle charges collected at delivery do not exceed fifteen (15%) percent of the total charges due at delivery.
Any remaining charges must be billed to you — it is these additional charges that your mover bills to you (and are not collected at delivery) that are subject to arbitration.
For example, if you received a non-binding estimate from your mover for $7,000, you would be required to pay no more than 110% of this amount (or $7,700) at delivery for the services
and quantities listed on your estimate. However, if your shipment weighs more than the estimated amount, your mover will invoice you for the additional amount after your shipment has been delivered. The amount of the additional billing is the amount subject to arbitration.
The FORUM administers our arbitration program. The Forum is an independent, non-governmental organization that is not affiliated with ATA or with any household goods moving company. The Forum maintains a panel of independent and neutral arbitrators that include law professors, attorneys and former state and federal court judges to resolve the disputes. The Forum will charge an administrative fee to arbitrate your case. The administrative fee, which is divided equally between the parties (unless your mover agrees to pay all or a portion of your share of the fee), is paid to the Forum; ATA does not receive any portion of the administrative fee. The parties to your proceeding will be you and your mover with the Forum acting as the neutral program administrator. Neither ATA nor any of its employees takes any role in the arbitration proceeding or has any influence in the outcome of the arbitrator’s decision. (ATA serves only as a clearinghouse to make sure that your mover properly addresses your initial request for arbitration as required by the Federal statute.)
Arbitration Request Form
Download the FORUM Arbitration Program Rules and Procedures
The decision of the Arbitrator that you receive from the FORUM will be kept confidential. Federal law (Section 14908, Subtitle IV, Title 49 United States Code) specifically prohibits an interstate carrier or its agent from disclosing any information about your shipment without your permission, except in response to legal process issued under authority of a court of the United States or a State or to an officer, employee, or agent of the United States government. Therefore, ATA respects your right to privacy in such matters and will keep the results of your arbitration case confidential.
For more information about the FORUM, visit www.adrforum.com/ata.
*Arbitration services are available to participating ATA MSC members only.