The wineglasses made the trip, but our motorcycle did not fare so well.
January 31, 2018 8:47 PM Subscribe
We just moved our household from Ontario to Alberta and one of our motorcycles was badly damaged by the movers. I know there will be push back from the owner of the company when I ask for compensation for bike repairs, and I'm pretty sure he's going to say how the industry standard for insurance is .60/lb, or something like that. However, because this whole move was super sketchy (No weigh ticket! No receipt for payment!) am I bound by "standards" when I didn't sign anything? Full gruesome details below.
In our cross-Canada move, we went with a mom and pop type moving company for our belongings. (I know, I know! Live and learn...) It was significantly less expensive than the mainstream companies, and we didn't really have too much of value, plus the owner of the company seemed like a good, reliable guy, so I took the plunge and paid him a deposit for the move.
However, he subcontracted the job to Driver A who was incompetent on many levels. Driver A took the majority of our belongings in his truck, but he didn't have room for our two motorcycles. From what I could determine, the bikes changed hands to Driver B, expecting him to drive them out. Turns out they were actually handed off to Driver C to make their way out west. Eventually, we got a text message from Driver C saying the bikes were in the driveway, the keys were in the saddlebags. We never saw the driver and there was no opportunity to check them over before he left.
What we found when we looked in the driveway, was that one motorcycle had at some point been dropped and was very badly damaged. It's undrivable and requires about $2300 in repairs. When we told the moving company owner, he suggested we instigate a chargeback on our credit card for the incompetence of the driver, but we just learned that the case has been closed and the credit card will not do anything more. We're also looking into our home insurance to see if they've got any options. Finally, the moving company owner is a member of the Better Business Bureau, so we'll be contacting them too, but from what I've heard they're a rather toothless office of oversight.
So my question is, how do I arm myself in negotiations with the owner to get this damage dealt with? Are there federal/provincial regulations I should be aware of? I'm expecting him to 1) expect me to deal with Driver A directly (or possibly even Driver B or Driver C, even though I don't even know who they are) or 2) expect me to accept the valuation of $.60/lb (approx. $400) which I had never agreed to beforehand, because there was no written contract.
I am not looking forward to these negotiations. I'd love to hear any of your thoughts, suggestions or experiences in such matters. Ugh.
In our cross-Canada move, we went with a mom and pop type moving company for our belongings. (I know, I know! Live and learn...) It was significantly less expensive than the mainstream companies, and we didn't really have too much of value, plus the owner of the company seemed like a good, reliable guy, so I took the plunge and paid him a deposit for the move.
However, he subcontracted the job to Driver A who was incompetent on many levels. Driver A took the majority of our belongings in his truck, but he didn't have room for our two motorcycles. From what I could determine, the bikes changed hands to Driver B, expecting him to drive them out. Turns out they were actually handed off to Driver C to make their way out west. Eventually, we got a text message from Driver C saying the bikes were in the driveway, the keys were in the saddlebags. We never saw the driver and there was no opportunity to check them over before he left.
What we found when we looked in the driveway, was that one motorcycle had at some point been dropped and was very badly damaged. It's undrivable and requires about $2300 in repairs. When we told the moving company owner, he suggested we instigate a chargeback on our credit card for the incompetence of the driver, but we just learned that the case has been closed and the credit card will not do anything more. We're also looking into our home insurance to see if they've got any options. Finally, the moving company owner is a member of the Better Business Bureau, so we'll be contacting them too, but from what I've heard they're a rather toothless office of oversight.
So my question is, how do I arm myself in negotiations with the owner to get this damage dealt with? Are there federal/provincial regulations I should be aware of? I'm expecting him to 1) expect me to deal with Driver A directly (or possibly even Driver B or Driver C, even though I don't even know who they are) or 2) expect me to accept the valuation of $.60/lb (approx. $400) which I had never agreed to beforehand, because there was no written contract.
I am not looking forward to these negotiations. I'd love to hear any of your thoughts, suggestions or experiences in such matters. Ugh.
Best answer: IANAL. TINLA. But this sounds like a case for...
Small claims court.
Or, specifically, in Alberta: Civil Claims.
It's Small Claims in Ontario.
The fees and filings are actually doable for regular folks without a lawyer.
Small claims/civil claims courts provide lots of info for non-lawyers to resolve things as citizens. For example, per Alberta Civil Claims:
There are several things to consider before you sue or if you are being sued.
posted by mandolin conspiracy at 9:01 PM on January 31, 2018 [1 favorite]
Small claims court.
Or, specifically, in Alberta: Civil Claims.
It's Small Claims in Ontario.
The fees and filings are actually doable for regular folks without a lawyer.
Small claims/civil claims courts provide lots of info for non-lawyers to resolve things as citizens. For example, per Alberta Civil Claims:
There are several things to consider before you sue or if you are being sued.
posted by mandolin conspiracy at 9:01 PM on January 31, 2018 [1 favorite]
Yeah, this is pretty straightforward. I was wondering if Alberta didn't do small claims or something (because of the US's reputation for being so litigious or whatever) but they sure do, and this is what small claims court was designed for. Looks like anything under $50k can be done without the need for lawyers.
At this point, you don't really need to engage in negotiations with him, you just need to give him the opportunity to make you whole, or you'll take him to court.
posted by furnace.heart at 9:01 PM on January 31, 2018 [1 favorite]
At this point, you don't really need to engage in negotiations with him, you just need to give him the opportunity to make you whole, or you'll take him to court.
posted by furnace.heart at 9:01 PM on January 31, 2018 [1 favorite]
This might be covered under your motorcycle insurance collision policy. Or it might not, but I would talk to your insurance agent before anything else. When I had my motorcycle freighted across country, the carrier required a copy of the insurance slip.
posted by rodlymight at 5:11 AM on February 1, 2018
posted by rodlymight at 5:11 AM on February 1, 2018
Another avenue might be to contact Consumer protection at Service Alberta who regulate companies (if the company you used is incorporated in Alberta) to add some pressure, especially given the sketchy details you have on the move. It might be considered an unfair trade practice if verbal promises (not documented) are reigned upon.
posted by Kurichina at 8:30 AM on February 1, 2018
posted by Kurichina at 8:30 AM on February 1, 2018
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You paid the owner of the company, not Drivers A, B, or C. Present the owner with a Demand Letter for the repair (include the estimate) and then file in Small Claims if he does not pay. You paid him to move your stuff, there is no other agreement. Someone he subcontracted to damaged your bike, but that is HIS problem. Sue the entity you paid. That's it.
posted by jbenben at 8:56 PM on January 31, 2018 [5 favorites]