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Ok I have one for you. I apologize for being somewhat scattered here but I really don't know where else to turn. I hired a moving company, atlas van lines, to move my stuff from Texas to Tennessee. During transit the truck caught fire and there has been 'extensive damage' to all my stuff. They had their own insurance people come out to look at things and within a day have repacked my remaining stuff. They estimate approx 60% of everything was lost. They also disposed of anything they deemed 'unsalavagable' without consulting me and without my knowledge. They are claiming insurance will cover stuff etc but are demanding payment in full to deliver the remaining 40% of my stuff which is also probably considerably damaged. They claim I will be refunded some portion of this for 'inconvenience' but will not state any ammount. Their is a lein against my remaining stuff, standard practice, and if I refuse to pay they keep it. Plus I assume they would consider me in breech of contract and refuse any insurance claim. The stuff is whatever, I have homeowners insurance that will cover it. Im more concerned about paying someone $17,000 to light all my poo poo on fire and have no recourse to getting it back. Any ideas?
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Aug 17, 2022 00:16
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Acelerion posted:Ok I have one for you. I apologize for being somewhat scattered here but I really don't know where else to turn. Don't pay, call their corporate headquarters help line. If you don't get a satisfactory answer, then it's time for a lawyer.
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Aug 17, 2022 01:00
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Acelerion posted:Ok I have one for you. I apologize for being somewhat scattered here but I really don't know where else to turn. $17,000 in delivery costs plus your damaged stuff plus interacting with at least two insurance companies means calling a lawyer is a good idea. You've got four competing interests (company, company's insurance, you, your insurance) and thousands in exposure. You shouldn't navigate this based upon internet forum advice. Good luck!
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Aug 17, 2022 16:42
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BigHead posted:$17,000 in delivery costs plus your damaged stuff plus interacting with at least two insurance companies means calling a lawyer is a good idea. You've got four competing interests (company, company's insurance, you, your insurance) and thousands in exposure. You shouldn't navigate this based upon internet forum advice. Will do, thank you!
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Aug 17, 2022 17:18
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Insurance companies are also notorious for lowballing people without a lawyer.
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Aug 17, 2022 23:29
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Update, the company has practically stolen my stuff as after a few more 'maintenance issues' they are refusing to speak with me any more. Its extremely difficult to find an attorney that covers this kind of stuff but I may have some leads. If I ever get any of this stuff resolved Ill type something up on what Ive learned regarding law surrounding transporting personal goods as I think the info would probably be useful to others. The short story is that you have no rights. A moving company can literally come to your house and pack all your poo poo on a truck, go pawn it or whatever, charge you full price at the destination to open up an empty truck, and then pay you 0.60 cents per pound (let that sink in) in compensation. Anything they do is considered a civil issue. Its legalized theft. If you have something like this in the future, even for small local moves, do a ton of research and be extremely thorough in who you choose and how you document stuff.
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Aug 18, 2022 16:29
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Acelerion posted:pay you 0.60 cents per pound (let that sink in) in compensation. This is why 90% of my possessions are scrap lead. I've been moved professionally a couple times by corporate relocation plans and I remember the $x.xx per pound of insurance stuff but can't remember what the amount was with my moves. 0.60 seems low but not sure. With my moves they gave me the option of (prior to the move) documenting every single thing I own to determine the insured value, or taking the x.xx per pound and I took the per pound because gently caress trying to document every single thing I own. My understanding was also that this was just the max amount of insurance not really per item e.g. if your 20 pound television gets dropped it's not like they limit the amount you can get for it to $12. But in your case with things being a total loss or close to it, obviously it would come more into play.
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Aug 18, 2022 16:53
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bird with big dick posted:No, not sure, and no. He was vacationing when it happened and his commercial activities were all sole proprietor type poo poo. I now have an appointment to speak with my lawyer and a bankruptcy attorney that she apparently decided she needed to consult with (without me asking her to do it). I'm curious what they'll have to say and whether this will involve me having to make a decision of some sort (like paying him to try and get the stay lifted or something?).
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Aug 18, 2022 17:01
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bird with big dick posted:0.60 seems low but not sure. This is called the Released Value and is the federal requirement minimum insurance value. Chances are OP signed off on this on the moving contract. He/she were likely offered additional insurance (like replacement value) and declined.
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Aug 18, 2022 20:48
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Gin posted:This is called the Released Value and is the federal requirement minimum insurance value. Is this actually some sort of insurance policy or is it liquidated/limitation on damages under the contract? It’s all on rails at this point from OP’s perspective, I’m just curious.
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Aug 19, 2022 03:22
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Gin posted:This is called the Released Value and is the federal requirement minimum insurance value. Would you need additional insurance? If it was covered by your own personal property coverage, could you make a claim to them and let them subrogate it to the moving company's insurance?
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Aug 19, 2022 06:07
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Gin posted:This is called the Released Value and is the federal requirement minimum insurance value. TBH I've never ever been offered additional insurance when I moved. And when I called my home insurance policy after a tv was broken, I was told that they explicitly didn't cover movers. This time I explicitly called my insurance company and was told there was no moving insurance available through them. So I guess don't be so sure?
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Aug 19, 2022 07:42
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They’re talking about additional coverage from the moving company, not your homeowners insurance. Eg:quote:1. Full Value Protection https://www.angi.com/articles/moving-insurance-worth-cost.htm Pretty sure the above is exactly the coverage I had, “full value protection” @ $6 per pound.
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Aug 19, 2022 10:04
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Right and I'm saying I've never been offered that in any of the moves I've done. Additionally here are some other venues I've tried that also didn't help.
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Aug 19, 2022 10:28
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In my experience, only national carriers like Allied and Mayflower offer these insurances. U-Haul has some policies as well. Local movers will often carry only the minimum insurance and not have the experience or desire to offer extra policies. Allied has the ability to offer extended insurance policies but the sales person may not have offered this to the OP. I realize I sounded like I was victim-blaming - that was not my intent. OP has my sympathies. Source: I am a move manager and work with Allied a few times a year.
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Aug 19, 2022 14:43
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Worth mentioning the common scam of "Ok we signed the contract and agreed on the costs and have moved all of your things into our truck, but now that we've arrived with all of your things in our truck I've changed my mind and actually want double the money we agreed on. If you call the cops, they will show up and say that it's a civil matter contract dispute that they are holding all of your possessions hostage, and you'll just have to figure it out with us. Of course, if I'm feeling generous, we can cut a deal where I just unload everything from the truck for the original price, onto your lawn, lol. Sure, you can leave a bad review, we'll just dissolve the company and reincorporate." There's a reason movingscam.com exists. Sorry you're dealing with moving company bullshit.
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Aug 19, 2022 21:42
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Volmarias posted:Worth mentioning the common scam of "Ok we signed the contract and agreed on the costs and have moved all of your things into our truck, but now that we've arrived with all of your things in our truck I've changed my mind and actually want double the money we agreed on. If you call the cops, they will show up and say that it's a civil matter contract dispute that they are holding all of your possessions hostage, and you'll just have to figure it out with us. Of course, if I'm feeling generous, we can cut a deal where I just unload everything from the truck for the original price, onto your lawn, lol. Sure, you can leave a bad review, we'll just dissolve the company and reincorporate." Ok but how do you fight that, besides avoiding it in the first place?
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Aug 20, 2022 00:16
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BonerGhost posted:Ok but how do you fight that, besides avoiding it in the first place? Answered your own question.
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Aug 20, 2022 00:17
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If anybody is trying to discourage you from calling the cops the answer is usually you call the cops.
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Aug 20, 2022 01:28
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Do the police actually know how to deal with moving scams? Or will they literally say "it's a civil issue" and gently caress off? I know there are federal resources, and sometimes state resources, but having the police there is about all you can do to get your stuff back in a timely manner.
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Aug 20, 2022 01:45
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depends on how dumb the cops are etc. There's a lot of poo poo that should be a civil dispute that people get arrested over.
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Aug 20, 2022 01:51
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Hieronymous Alloy posted:depends on how dumb the cops are etc. WELP
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Aug 20, 2022 01:51
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BonerGhost posted:Ok but how do you fight that, besides avoiding it in the first place? Or sell all your stuff and buy new stuff on the other end instead of moving things.
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Aug 20, 2022 01:55
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BonerGhost posted:Ok but how do you fight that, besides avoiding it in the first place? have one car park their truck in so they can't move it, then have an accomplice steal everything from their homes, then you're able to negotiate on even terms EDIT: I have been informed this is a crime
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Aug 20, 2022 04:35
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DaveSauce posted:Do the police actually know how to deal with moving scams? Or will they literally say "it's a civil issue" and gently caress off? Anecdotal, but this has happened to someone I know. Technically, you not only let them take all your stuff, you are encouraging them to, you're just having a dispute about what happens now. The cops aren't going to do a thing, aside from possibly "strongly encourage" resolution. E: YMMV, but you're likely only going to get satisfaction after the fact. Things like this: https://nj.gov/oag/newsreleases14/pr20140724a.html or this: https://nj.com/news/2021/12/nj-moving-company-ripped-off-customers-held-their-items-for-months-feds-say.html aren't particularly helpful at the time it occurs. Double edit: https://www.nbcnewyork.com/news/local/owner-of-nj-moving-companies-kept-customers-items-to-jack-up-prices-prosecutors/2257617/ quote:The owner, Richard Bishara, will have to pay restitution of more than $72,000; the scam raked in over $1M in excess fees, officials said The judge decided that the prosecution wasn't demanding enough jail time and bumped it up to 5 years. Volmarias fucked around with this message at 05:08 on Aug 20, 2022 |
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Aug 20, 2022 05:00
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The dude I'm lawsuiting all over just filed a lawsuit of his own against his insurance broker for failing to make him get a lot better insurance. In the lawsuit he estimates his liability to me to be $4,000,000. Can my lawyer bring this up at my trial?
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Aug 20, 2022 05:07
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What does it mean if there has been a plea deal worked out but then a (bench?) trial date is set and the alleged victim is subpoenaed to testify? Isn't testifying at odds with a plea deal having been worked out?
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Aug 20, 2022 07:04
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Noam Chomsky posted:What does it mean if there has been a plea deal worked out but then a (bench?) trial date is set and the alleged victim is subpoenaed to testify? Isn't testifying at odds with a plea deal having been worked out? 'Worked out' doesn't mean done. Until the judge accepts the plea and the deal and finds the defendant guilty, the defendant, prosecutor or judge can scuttle the deal. The prosecutor is just being prepared. Most likely defendant is waffly and this creates some additional pressure to help induce defendant to plea.
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Aug 20, 2022 13:50
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Can the landlord of an apartment building unilaterally increase the rent of every tenant in the building to "pay for repairs" of damage caused by one tenant? Apparently someone in my building has been flushing non-flushable stuff, and the landlord had to repair something. So the landlord posted a notice on everyone's door saying that if they have to do any more plumbing repairs due to someone flushing poo poo, they're raising everyone's rent by $100 to pay for it. It seems uncool, especially since they just raised everyone's rent already, effective August 1st, due to inflation or whatever.
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Aug 20, 2022 15:09
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The answer to your question depends on state and municipality. Answers range from “no they can’t and will owe you money if they sue” to “tough poo poo enjoy your raised rent” with quite a bit of variation in between.
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Aug 20, 2022 15:13
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Do you have a lease or are you month to month?
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Aug 20, 2022 15:52
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Muir posted:Do you have a lease or are you month to month? I signed a lease when I moved in in Dec 2020, but unlike my previous landlords at a different place, they have not had me sign a new lease since. So, I guess I don't know? I just drop off the check in the drop box every month and keep to myself. When they increased the rent at the end of July, there wasn't anything to sign. They just slipped an envelope under the door with a letter saying essentially "rent is increasing, your new rent is $X starting August 1st".
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Aug 20, 2022 16:21
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Annath posted:I signed a lease when I moved in in Dec 2020, but unlike my previous landlords at a different place, they have not had me sign a new lease since. So, I guess I don't know? I just drop off the check in the drop box every month and keep to myself. Sounds a lot like month to month, I'm guessing the original paperwork specified something like 12 months and you've just cruised past that.
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Aug 20, 2022 20:12
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joat mon posted:'Worked out' doesn't mean done. Until the judge accepts the plea and the deal and finds the defendant guilty, the defendant, prosecutor or judge can scuttle the deal. The prosecutor is just being prepared. Most likely defendant is waffly and this creates some additional pressure to help induce defendant to plea. So, if a plea deal was offered and a trial date was set and the alleged victim was subpoenaed does that mean they will testify either way or that the plea will or can be withdrawn that day or that there will be a different deal put on the table that day?
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Aug 20, 2022 23:19
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Noam Chomsky posted:So, if a plea deal was offered and a trial date was set and the alleged victim was subpoenaed does that mean they will testify either way or that the plea will or can be withdrawn that day or that there will be a different deal put on the table that day? Whenever the judge enters sentence based upon the plea agreement at a plea hearing, the trial date and subpoena will disappear. If they don't get a plea agreement prior to the trial, they'll either continue the trial or go to trial.
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Aug 20, 2022 23:38
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Noam Chomsky posted:What does it mean if there has been a plea deal worked out but then a (bench?) trial date is set and the alleged victim is subpoenaed to testify? Isn't testifying at odds with a plea deal having been worked out? Everything everyone else said is valid and the actual answer will vary a bit by state and by charge but my guess is that the plea will happen on the bench trial date and the alleged victim is being subpoenaed primarily to give testimony at the plea so the judge will know what the victim thinks of the deal. Noam Chomsky posted:So, if a plea deal was offered and a trial date was set and the alleged victim was subpoenaed does that mean they will testify either way or that the plea will or can be withdrawn that day or that there will be a different deal put on the table that day? Answer is it depends. Anything is theoretically possible until the judge makes a ruling, and even after that on reconsideration or appeal. The plea isn't *real* until the judge hears it and accepts it and rules on it. Before that it's just a proposal. It's very literally the "isn't there somebody you forgot to ask?" Meme where the somebody is the judge. But most of the time they just want the victim there because the judge will ask "what does the victim think about this?", often because there is a statute that requires them to ask that. Hieronymous Alloy fucked around with this message at 03:47 on Aug 21, 2022 |
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Aug 21, 2022 03:42
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Noam Chomsky posted:What does it mean if there has been a plea deal worked out but then a (bench?) trial date is set and the alleged victim is subpoenaed to testify? Isn't testifying at odds with a plea deal having been worked out? The victim could be subpoenaed to testify at sentencing too. A plea deal can include open sentencing. And for big cases, in my state, there very often is open sentencing for the biggest cases. Like, in a sex assault case, maybe the defendant is charged with SA1, and pleads to SA2 with open sentencing. The victim would for sure come in to testify to that.
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Aug 21, 2022 22:34
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There was a plea deal recently in the news involving some guy and his wife trying to sell nuclear submarine secrets to some unspecified foreign country. (It was a country that was diplomatically distant enough from the US for this guy to think they'd be interested, but close enough to the US that they actually turned him in to the FBI. Speculation is maybe France or Israel.) Anyway, he worked out a deal where he'd get between 12 and 17 years and his wife would get 3. The judge said "too low" and rejected the plea deal, surprising both sides. It's apparently pretty unusual, but it's within a judge's power.
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Aug 21, 2022 23:16
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Wasn't that the plot of a law and order episode, where McCoy makes a plea deal with an absurdly small jail sentence knowing that the judge would reject it. I think then they used the allocution as evidence against the defendant. I was also totally thinking about the other guy trying to sell nuclear secrets, and was surprised to see a plea deal already.
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Aug 22, 2022 01:05
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Guy Axlerod posted:Wasn't that the plot of a law and order episode, where McCoy makes a plea deal with an absurdly small jail sentence knowing that the judge would reject it. I think then they used the allocution as evidence against the defendant. I thought that if you did a proffer they couldn’t use anything from it that they didn’t have from another source already against you at trial. I’d imagine it’s a little more complicated than that but is that essentially true or not?
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Aug 22, 2022 03:35
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