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Movers broke my washing machine!

Discussion in 'Small Claims & Municipal Court' started by rummels, Jul 30, 2008.

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  1. rummels

    rummels Law Topic Starter New Member

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    I used a moving company recommended by Uhaul for my move to a new house. (The truck that we rented was not through Uhual, it was Budget rentals and the moving company was not part of Uhaul, they are seperately owned and operated.) Two movers came to help us and they ended up dropping our washing machine because they lifted it themselves instead of using the lift gate that was on the rental truck.

    The owner of the company requested copies of the repair reciepts and I sent them along with a letter of demand giving her 5 days to rend reimbursement before further action was taken. I sent the reciepts for a broken lid switch and a missing belt, both of which the technician said were most likely broken/lost due to the drop.

    There were two repairs, and two separate reciepts. The lid switch cost $162, and the belt cost $33. The owner sent me a check and letter. The letter essentially said that she would only pay HALF of the $162, and none of the $33 because she does not understand how the drop caused the belt to be missing. She would only pay half because the mover A claims that my roommate and driver of the truck would not move the truck into a position where the lift gate could be operated and told them to, "just keep going". My roommate/driver says those words were never exchanged and we have a witness that that conversation never happened.

    She also wants in writing from a Sears technician that the belt could have come off from the drop. I am willing to get this in writing, but I already know that the belt was the main factor in why my machine was not working. The machine wouldn't drain, and the belt is needed to make the pump that drains the tub actually drain. The machine worked perfectly fine before the move, and didn't work after the move. The only people to have any contact with the machine from house A to house B were the two movers who dropped it, therefore I don't see any other way the belt could have gone missing.

    There was no written or verbal agreement between me and the owner or any of the movers about liability for damages. Also, the owner said that she does not have insurance. I looked online at BBB and cannot even find a business license for this comapny. Basically, we feel that mover A is lying about the conversation and that we are due FULL reimbursement. Is it worth going to small claims court? Do I have a case?
     

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