Loss resulting from theft of personal property by mover employee in the execution of short haul (10 miles) contract by Accent Movers/Able Bodied Movers, Inc. Stolen item included one (1) box labeled DVDs, containing entire collection in excess of 61 DVDs and/or box sets. Claim submitted per carrier instruction with verbal acknowledgement from carrier of a theft problem with one of the employees in question. Mover non-responsive to initial claim, refusing certified mail. Requested costs for actual replacement per a provided list, estimated at $900 - $1200 on the basis of an average cost to replace at $15 to $20 each.
Carrier offered payment on the basis of the claim of $50.00 espousing legal/contractual limitation of liability at $. 60/lb. Contention that rule of law or contract disclaimer does not limit liability resulting from intentional acts, such as theft. Carrier claimed lack of proof of ownership or that it was on the truck. Available proof of ownership and affidavit executed by eyewitnesses placing the box on the carrier's vehicle available to the court.
Mediation attempted utilizing Texas Department of Transportation ended without resolution on February 4. Similar efforts with the Better Business Bureau ended with the same result, with the carrier's initial offer of $50.00 remaining unchanged and unacceptable. Carrier indifferent to customer satisfaction and does not acknowledge any accountability for anything beyond $. 60/lb. Only remaining option, small claims court. Verdict out but do not expect acceptable resolution or justice.
Lic no. 000537473
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