Filing a Claim / Summary of Dispute Settlement Program
Smile Moves as a licensed Moving Broker with the FMCSA is not responsible for carrier delays, cancellations, loss, damage, or theft of goods.
In the event that you need to file a claim, you must do so by submitting directly to the carrier. All claims must be submitted in writing to the carrier within no more than nine (9) months from delivery.
- The signed inventory will serve as the primary document relating to the condition of any and all articles being claimed.
- It is the shipper’s responsibility to inspect and indicate damaged or missing items on the inventory documents at the time of delivery.
- Payment for claims is subject to the limitations of liability as described on the Bill of Lading, and in accordance with the liability option contractually selected by the shipper.
- If you require assistance in receiving information regarding obtaining the carriers claims department information, you can call +1 888-439-6630, Smile Moves will contact the carrier on your behalf in order to make sure that information is provided to you. As a household goods moving transportation broker licensed by the US Department of Transportation, Smile Moves Inc will attempt to resolve disputes that might arise between a shipper and a carrier. Section 49 U.S.C. Section 375.211 provides that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional and not required under Federal Law.
A) Summary of the arbitration process: Arbitration is an alternative to courtroom litigation. It provides each party to the dispute an opportunity to present their case and allows a neutral third party arbitrator to make a decision as to the merits of each side’s case.
B) Applicable costs: Each party is responsible for their own costs associated with the arbitration. A benefit to the arbitration alternative may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the costs associated with securing the arbitrator and 100% of their own expenses, including but not limited to attorney’s fees.
C) Legal Effects: If the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in a court of law.
Please contact us directly at +1 888-439-6630 if you wish to participate in or get more information about the arbitration program of a particular carrier.
