What can I do if a mover with insurance moved my belongings but lost 11 boxes?

I have a list of the contents of each of the boxes that I numbered when I packed them before the move. We are in “discussions” about his insurance resonsibility; none of the 3 employeed movers can determine any unsurpervised time that the boxes could have disappeared. It is my word with my list against his. Do I have any chance of winning a claim in small claims court for the $ 2,000 value of my loss?

Asked on November 9, 2014 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have a reasonable chance of winning, since if you can prove via your testimony (and that of any other witnesses--e.g. friends, roommates, family members, etc. who have direct knowledge of what happened) that the boxes were lost at some point while within the mover's control, the mover should be liable. You do not need to prove how they were lost, or which employee was responsible--just that it occured while the boxes were in the mover's possession or control. If you and any other witnesses are credible, a court could certainly find in your favor.


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