What to do if a moving company that I hired to move my piano damaged it during transit when they failed to secure the tie-down strap?

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What to do if a moving company that I hired to move my piano damaged it during transit when they failed to secure the tie-down strap?

The company is assuming their negligence,(and has admitted to it in writing already) but will not pay me the full amount it will cost to repair the piano, ($3,000) because they say I only purchased $1,000 worth of insurance coverage from them. Is the insurance company required to pay me the full amount it will cost to repair the damage because they were negligent?

Asked on August 6, 2013 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a generl matter, if someone negligently causes damage to your property, they could be held responsible for the full cost or repairs or the full then-current value, whichever is lesser. However, liability can be modified by agreement or contract, and if in the service agreement or contract, you agreed to limit liability to the amount of insurance, that limitation would be legal and enforceable. Therefore, you need to review the contract/agreement/etc. you signed, to see what limitations you may have agreed to.


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