Legal Question in Insurance Law in Georgia
Dear Sir,
When i move Seguin-Tx to Griffin-GA, Packers and Movers picked all my home things on 28th Feb. They charged me $1320 for this move. Per contract they should have deliver on 18th March. But unfortunately, the truck got a fire accident in the highway on Lake View - Alabama on 17th evening. Insurance declared that this accident as "Total Loss". Movers insured my home things for 60 cents per pound. This is minimum liability insurance only. But movers told me over phone while quote, my things are fully insured. Now insurance company telling me that, they can give only $1407. But the value of my things was more than $7000. On 06th April, I drove to Alabama where they store the leftover things from fire. I lost more than 75%. Whatever leftover i carried with me. I already paid $1000 to moving company. I am asking them for refund, but they are not giving me back. Am i eligible for the refund what i paid for moving the things ?
2 Answers from Attorneys
You answered your own question. No. It was up to you whether to save money and not buy full insurance or to buy it. You gambled and lost. You get the insurance your paperwork provided. It was a bad choice not to spend a bit more but you can't fix that now.
It depends on how the fire occurred. If the movers were negligent in some way causing the fire and you lost your possessions because of their negligence it is possible for you to recover against the moving company. What you did when you hired the movers was to create a "bailment" under the law. The movers are responsible under tort law to use "ordinary care" to safeguard your possessions. The applicable law would be Alabama law since that is where the fire took place. I suggest you contact an Alabama attorney in the Lakeview area for an analysis of potential liability. If there is no liability on the part of the moving company under tort law Mr. Ashman's analysis stated above is correct.
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