Your Rights and Responsibilities When You Move: Complete FMCSA Guide

Moving to a new home is an exciting milestone, but understanding your rights and responsibilities is crucial for a smooth, stress-free experience. The Federal Motor Carrier Safety Administration (FMCSA) has established comprehensive regulations to protect consumers during interstate moves. This guide, based on the official FMCSA booklet “Your Rights and Responsibilities When You Move,” will help you understand what to expect and how to protect yourself throughout the moving process.

General Requirements and Federal Protections

The Federal Motor Carrier Safety Administration (FMCSA) regulations protect consumers of interstate moves and define the rights and responsibilities of both consumers (shippers) and household goods carriers (movers). These regulations apply when your move crosses state lines or involves international transportation.

What FMCSA Regulations Cover

FMCSA regulations apply to motor carriers that engage in the interstate transportation of household goods and brokers that arrange for such transportation. These regulations require your mover to perform certain services and provide you with specific documents.

Your Primary Responsibility

The primary responsibility for protecting your move lies with you in selecting a reputable household goods mover or household goods broker, and making sure you understand the terms and conditions of your contract and the remedies available to you if problems arise.

Understanding Movers vs. Brokers

It’s essential to understand whether you’re working with a moving company (carrier) or a broker:

Household Goods Broker: A company that arranges for the transportation of your shipment but does not provide the actual line-haul transportation. Brokers connect you with moving companies but don’t physically move your belongings.

Household Goods Mover (Motor Carrier): A company that actually transports your shipment using their own trucks and employees.

Documents You Should Receive

Legitimate movers and brokers registered with FMCSA must provide you with the following information before you move:

• A written estimate
• The “Ready to Move” Brochure (copy or hyperlink)
• Information about the mover’s arbitration program
• Written notice about access to the mover’s tariff
• The process for handling claims
• This booklet: “Your Rights and Responsibilities When You Move” (copy or hyperlink)

Your Responsibilities as a Customer

As a customer, you have important responsibilities both to your mover and to yourself:

Understanding Moving Estimates

Physical Survey Requirement

Your mover must provide an estimate based upon a physical survey of your household goods. A physical survey means a survey conducted on-site or virtually that allows your mover to see the household goods to be transported. A physical survey must be performed unless you waive this requirement in writing.

FMCSA requires your mover to provide written estimates on every shipment. A verbal quote is not an official estimate. Your mover must provide you with a written estimate of all charges including transportation, accessorial, and advanced charges. This estimate must be dated and signed by both you and the mover.

Types of Estimates

There are three types of estimates you should understand:

Mover’s Liability and Insurance Options

In general, your mover is legally liable for loss or damage that occurs during the transportation of your shipment and all related services identified on the bill of lading. The extent of liability is governed by the Surface Transportation Board’s Released Rates Order.

All moving companies are required to assume liability for the value of household goods they transport. There are two different levels of liability that apply to interstate moves:

Third-Party Insurance

Your mover may, but is not required to, offer to sell you separate third-party cargo liability insurance. If you purchase such insurance from or through your mover, the mover is required to issue a policy or other written record and provide you with a copy at the time of purchase.

What Can Reduce Your Mover’s Liability

The following actions may limit or reduce your mover’s liability:

• Your acts or omissions: Improper packing of containers you pack yourself, including perishable, dangerous, or hazardous materials without your mover’s knowledge (Federal law forbids shipping hazardous materials without informing your mover)
• Choosing Released Value: If you chose the 60 cents per pound option but ship household goods valued at more than 60 cents per pound per article
• Undervaluing your shipment: Declaring a value less than the actual value of the articles in your shipment
• Failing to notify: Not notifying your mover in writing of articles valued at more than $100 per pound

Critical Moving Documents

1. The Inventory

Your mover must prepare an inventory of your shipment, usually done at the time of loading. The mover is required to list any damage or unusual wear to any items. The purpose is to make a record of the existence and condition of each item before it is moved.

2. The Bill of Lading (Most Important Document)

The bill of lading is the contract between you and the mover for the transportation of your shipment. This document must be issued at least 3 days prior to the pickup date and given to you before or at the time of loading.

The bill of lading must include 17 specific elements:

1. The legal or trade name of the mover as registered with FMCSA, including its physical address
2. Names, phone numbers, addresses, and USDOT Numbers of any motor carriers who will participate in transportation
3. Your name, address, and phone number(s)
4. The form of payment the mover will accept at delivery
5. For collect-on-delivery, the name and contact information of person to notify about charges
6. For non-guaranteed service, the agreed dates/periods for pickup and delivery
7. For guaranteed service, the dates for pickup and delivery, and any penalty or per diem entitlements
8. The actual date of pickup
9. The company or motor carrier identification number of the vehicle(s)
10. Terms and conditions for payment of total charges, including any minimum charges
11. The maximum amount the mover will demand at delivery for you to obtain possession
12. The valuation statements (Full Value Protection or Released Value waiver)
13. Evidence of any third-party insurance coverage sold to you
14. Complete description of any special or accessorial services ordered and minimum weight/volume charges
15. Each attachment to the bill of lading (estimate, inventory, waiver documents)
16. Any identification or registration number assigned to the shipment
17. A statement that the bill of lading incorporates by reference all services included on the estimate

The bill of lading must be signed and dated by you and your mover at both origin and destination.

3. The Invoice

At the time of payment, your mover must give you an invoice identifying each service provided and the charge for each service. Most movers use a copy of the bill of lading as the freight invoice.

Invoice timing requirements:

• Shipments paid in advance: Invoice must be presented within 15 days of delivery (excluding Saturdays, Sundays, and Federal holidays)
• Shipments paid upon delivery: Invoice presented on delivery date or within 15 days (excluding weekends and holidays)
• Additional charges: Bills for charges based on weight presented within 30 days; impracticable operations charges not paid at delivery are due within 30 days of invoice

4. Weight Tickets (For Non-Binding Estimates)

If your shipment is moving under a non-binding estimate, your mover must obtain weight tickets. Each weighing requires a separate weight ticket signed by the weigh master. Each weight ticket must contain:

• Complete name and location of the scale
• Date of each weighing
• Identification of weight entries (tare, gross, or net weights)
• Company or mover identification of the vehicle
• Your last name as it appears on the bill of lading
• The mover’s shipment registration or bill of lading number

Payment and Collection of Charges

Your mover must issue an honest and truthful invoice for each shipment transported. When your shipment is delivered, you will be expected to pay either:

• 100% of the charges on your binding estimate, or
• 110% of the charges on your non-binding estimate

Plus: Charges for any services you requested after the contract was executed that weren’t included in the estimate, and any charges for impracticable operations (not to exceed 15% of all other charges due at delivery). Your mover will bill you for any remaining services after delivery.

If You Don’t Pay at Delivery

If you do not pay the charges due at delivery, the mover has the right to refuse to deliver your shipment and place it into storage at your expense until the charges are paid. It is standard procedure to pay charges due at delivery prior to the mover unloading the shipment at destination.

Partial Loss or Total Loss

Your mover can only collect charges on the percentage of the shipment successfully delivered. For example, if you receive a binding estimate of $1,000 to move 1,000 pounds and 50% is lost, the mover can only collect 50% of the estimate ($500). For non-binding estimates, only 50% of actual charges (not to exceed 110% of the estimate) can be collected.

Your mover is forbidden from collecting any freight charges when your shipment is totally lost or destroyed in transit, unless the loss or destruction was due to an act or omission by you. However, if you have Full Value Protection, you will be required to pay the premium to process your claim.

Pickup, Delivery, and Storage

Agreed Dates

Before you move, reach an agreement with your mover on the dates for pickup and delivery. Once agreed upon, your mover must enter those dates on the bill of lading and is contractually bound to provide the service described.

Delays and Force Majeure

The only reason your mover would be excused from providing service as described in the bill of lading is because of “force majeure” – an unforeseen change of circumstances beyond the mover’s control (such as a major snow storm).

If your mover fails to pick up or deliver your shipment on the agreed date and you have expenses you otherwise would not have, you may be able to recover these expenses through a delay of shipment claim.

Notification Requirements

When your mover is unable to meet pickup or delivery dates specified in the bill of lading, your mover must notify you of the delay in writing and advise you of new dates or periods when service may be possible.

You must receive notification at least 24 hours before scheduled delivery (excluding Saturdays, Sundays, and Federal holidays). This requirement is waived when:

• Your mover weighs your shipment at destination
• Pickup and delivery encompasses two consecutive weekdays (if you agree)
• Maximum payment at delivery is 110% of estimated charges (if you agree)

Storage-In-Transit (SIT)

You may request your mover to store your household goods before delivering them. Your mover must notify you in writing at least 10 days before the expiration of the storage period about:

• The specified period of time for storage
• The maximum period provided in the mover’s tariff for storage-in-transit

When the storage period is about to expire, your mover must notify you in writing about the date when storage-in-transit will convert to permanent storage, the 9-month period for filing claims, when the mover’s liability ends, and when your shipment becomes subject to the storage facility’s rules and charges.

Filing Claims for Loss, Damage, or Delay

Your Rights

Movers take every precaution to ensure no items are lost, damaged, or destroyed during the move. However, despite precautions, articles are sometimes lost or destroyed. You have the right to file a claim with your mover to be compensated for loss or damage.

What to Include in Your Claim

• Copy of your bill of lading
• Copies of your inventory lists
• Photos of damaged items or purchase receipts for missing items
• Detailed description of each damaged or missing item
• The amount you’re claiming for each item
• Any other supporting documentation

Delay Claims

Delay claims are processed when you have contracted with your mover for guaranteed service for pickup and delivery. Your mover will outline on the bill of lading any penalty or per diem entitlements when there is a pickup delay and/or delivery delay.

Resolving Disputes Through Arbitration

FMCSA maintains regulations to govern the processing of loss and damage claims, but cannot resolve these claims on your behalf. If you cannot reach a settlement with your mover, you have the right to request arbitration.

All movers are required to participate in an arbitration program and must provide you with a summary of the program before you sign the bill of lading.

How Arbitration Works

Arbitration gives you the opportunity to settle loss or damage claims and certain disputed charges through a neutral arbitrator. You may find this less expensive and more convenient than filing a lawsuit.

• For claims of $10,000 or less: If you request arbitration, the mover MUST agree, and the arbitrator’s decision is binding on both parties
• For claims over $10,000: The mover must cover claims only if they agree to arbitration. If they agree, the decision is binding on both parties

Legal Action Alternative

You may choose to pursue a civil action in a court of appropriate jurisdiction instead of arbitration. Legal action may be initiated by filing a claim in your state and serving papers on the mover’s process agent in that state. You may file in state court or (if the claim is more than $10,000) in federal court.

You may obtain the mover’s process agent information by contacting FMCSA at (800) 832-5660 or by visiting the FMCSA website at http://li-public.fmcsa.dot.gov.

Red Flags: Warning Signs of Moving Fraud

Unfortunately, not all moving companies operate ethically. Protect yourself by watching for these warning signs:

10 Critical Points to Remember

1. Movers must give written estimates – Either binding or non-binding. Non-binding estimates are approximations only.
2. Do not sign blank documents – Verify completeness before signing. Limited exceptions apply only for actual weight (non-binding) and unforeseen charges.
3. Understand mover’s responsibility – Review FMCSA’s “Understanding Valuation and Insurance Options” brochure.
4. Understand liability coverage – Is 60 cents per pound enough, or do you need Full Value Protection?
5. Notify of high-value items – Items valued at more than $100 per pound must be declared in writing.
6. Right to observe weighing – You can be present each time your shipment is weighed and request reweighing at no charge.
7. Confirm payment methods – Verify what forms of payment your mover accepts prior to delivery.
8. Consider arbitration – A cost-effective way to settle disputed claims with your mover.
9. Verify company registration – Know if they’re a carrier or broker and confirm FMCSA registration at www.protectyourmove.gov.
10. Never sign release documents – Do not sign delivery receipts containing language releasing your mover from liability. Strike out such language or refuse delivery.

Frequently Asked Questions

Important Resources

For more information about your rights and responsibilities when moving:

• FMCSA Protect Your Move: fmcsa.dot.gov/protect-your-move
• Verify a Mover: safer.fmcsa.dot.gov
• File a Complaint: Call 1-888-DOT-SAFT (1-888-368-7238)
• Moving Fraud Prevention: fmcsa.dot.gov/protect-your-move/moving-fraud
• Surface Transportation Board (Released Rates Order): stb.gov
• Official FMCSA Booklet PDF: Download Here

Conclusion

Understanding your rights and responsibilities when moving is essential for a successful relocation. Federal regulations exist to protect consumers, but you must be proactive in understanding these protections and working with reputable, compliant moving companies.

At Litemovers, we believe that transparency and education lead to better moving experiences for everyone. We’re committed to operating in full compliance with all FMCSA regulations and treating every customer with the respect and professionalism they deserve.

Whether you’re moving across town or across the country, we’re here to help make your move smooth, stress-free, and fully compliant with all applicable regulations. Contact us today to learn more about our services and receive your free, detailed estimate.