搬家公司理赔:联邦法规定

这个领域由联邦法管辖,各州规则相同。你所在州可能额外叠加保护,但下面的内容不因你住哪儿而变化。

法条怎么规定的

适用范围

THIS RULE COVERS INTERSTATE MOVES ONLY. The title of the part is 'TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS', and 49 CFR 375.101 states: 'You, a household goods motor carrier engaged in the interstate transportation of household goods, must follow the regulations in this part when offering your services to individual shippers.' A move that begins and ends within a single state (an INTRASTATE move) is NOT governed by 49 CFR Part 375 and FMCSA is not the regulator for it.

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Intrastate household goods moving is regulated by each state — Congress expressly preserved that state authority when it preempted most state regulation of motor carriers: 49 U.S.C. §14501(c)(1) bars states from enforcing laws related to a price, route, or service of a motor carrier 'except as provided in paragraphs (2) and (3)', and §14501(c)(2)(B) carves out 'the intrastate transportation of household goods' from that preemption. PRACTICAL CONSEQUENCE FOR CONSUMERS: if your move did not cross a state line, none of the federal protections below apply to you — the 9-month claim window, the 30/120-day carrier deadlines, the Full Value Protection default, and the required FMCSA booklets are all interstate-only. You must instead look to your state's household goods mover statute, state public utilities/transportation commission, or state attorney general. Do not rely on 49 CFR Part 375 for an intrastate move.

DO NOT decide coverage from your start and end addresses alone. 49 CFR 375.101 defines interstate commerce by reference to 49 CFR 390.5, which covers trade, traffic or transportation "(2) Between two places in a State THROUGH ANOTHER STATE or a place outside of the United States; or (3) Between two places in a State as…

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part of trade, traffic, or transportation originating or terminating outside the State or the United States." So a move whose route passes through a neighbouring state, or a same-state leg of a journey that began or ends out of state, IS interstate commerce and IS covered by Part 375.

TWO FURTHER LIMITS ON PART 375. (1) 49 CFR 375.101 sentence 2: "You are subject to this part only when you transport household goods for INDIVIDUAL SHIPPERS by motor vehicle in interstate commerce." 49 CFR 375.103 defines "commercial shipper" and "government bill of lading shipper" out of that category, so moves booked by an employer or a government agency are outside this part even when they cross state lines.

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(2) Coverage turns on the 49 CFR 390.5 definition of interstate commerce, not on your start and end addresses — see the interstate note. If you are unsure whether your move was interstate, check the bill of lading and the carrier's USDOT operating authority before concluding you have no federal rights.

默认赔偿标准

Full Value Protection is the default, NOT released value — the reverse of a very common misstatement, so read this carefully before accepting a lower figure. Released value applies only where the shipper waives full value in writing.

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49 CFR 375.201(c), verbatim and complete: 'If the shipper waives, in writing, your liability for the full value of the household goods, then you are liable for loss of, or damage to, any household goods to the extent provided in the STB released rates order. Contact the STB for a current copy of the Released Rates of Motor Carrier Shipments of Household Goods. The rate may be increased annually by the motor carrier based on the U.S. Department of Commerce's Cost of Living Adjustment.'

全额价值保障

49 CFR 375.201(b), verbatim and complete: "(b) Full Value Protection Obligation—In general, your liability is for the household goods that are lost, damaged, destroyed, or otherwise not delivered to the final destination in an amount equal to the replacement value of the household goods.

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The maximum amount is the declared value of the shipment. The declared value is subject to rules issued by the Surface Transportation Board (STB) and applicable tariffs." The third sentence matters: the declared value is not an unlimited ceiling — it is bounded by the STB rules and the carrier's applicable tariff. Read this together with 49 CFR 370.9(b) below: "replacement value" is the liability standard, but the settlement calculation applies depreciation to it.

提出索赔的期限

9 个月

Nine months is a statutory FLOOR on what the carrier may impose, not a federal grant of nine months. 49 U.S.C. §14706(e) (Carmack Amendment): 'A carrier may not provide by rule, contract, or otherwise, a period of less than 9 months for filing a claim ...

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[or] a period of less than 2 years for bringing a civil action against it under this section', and the 2-year period 'is computed from the date the carrier gives a person written notice that the carrier has disallowed any part of the claim.' So the actual deadline is whatever the bill of lading says, which cannot be shorter than 9 months to file the claim or 2 years to sue after written disallowance. Read the bill of lading — a longer period there controls. Under 49 CFR 370.3(b) a written communication filed within the applicable time limit qualifies as a claim if it (1) contains facts sufficient to identify the shipment, (2) asserts liability for the alleged loss, damage, injury, or delay, and (3) makes claim for the payment of a specified or determinable amount of money. Under 49 CFR 370.3(a) a claim is not to be voluntarily paid by a carrier unless filed within the applicable time limits. Practical takeaway: file in WRITING, identify the shipment, state that the carrier is liable, and state a dollar amount — an oral complaint or a vague email may not qualify as a claim at all.

WHAT STARTS THE 2-YEAR CLOCK. 49 U.S.C. §14706(e)(2) provides that "an offer of compromise shall not constitute a disallowance of any part of the claim unless the carrier, in writing, informs the claimant that such part of the claim is disallowed and provides reasons for such disallowance." A communication from the carrier's insurer likewise does not count unless the insurer states in writing that it is acting on behalf of the carrier.

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So a verbal or informal lowball offer does NOT start your 2 years — only a written disallowance with reasons does. Get it in writing and keep it. Note also that §14706(e)(1) reads "and a period of less than 2 years" (this row renders it "[or]"), and that the 2-year period runs from written notice disallowing "any part of the claim SPECIFIED IN THE NOTICE."

承运人确认收到的期限

30 天

49 CFR 370.5(a): 'Each carrier shall, upon receipt in writing of a proper claim in the manner and form described in the regulations in the past, acknowledge the receipt of such claim in writing to the claimant within 30 days after the date of its receipt by the carrier unless the carrier shall have paid or declined such claim in writing within 30 days of the receipt thereof.' The same paragraph requires the carrier to indicate what additional documentary evidence, if any, is needed to process the claim further.

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So the 30-day duty is satisfied either by a written acknowledgment or by outright payment or written declination within the same 30 days.

承运人处理完毕的期限

120 天

49 CFR 370.9(a): each carrier 'shall pay, decline, or make a firm compromise settlement offer in writing to the claimant within 120 days after receipt of the claim'.

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If the claim cannot be processed and disposed of within 120 days, the carrier must "at that time AND at the expiration of each succeeding 60-day period while the claim remains pending" advise the claimant in writing of the status of the claim and the reason for the delay. Note "at that time": the FIRST written status notice is due AT the 120-day mark itself, not 60 days after it. There are therefore three federal clocks: 30 days to acknowledge (370.5(a)), 120 days to pay/decline/make a firm written settlement offer (370.9(a)), then written status updates every 60 days thereafter. Missing these is itself a regulatory violation reportable to FMCSA, independent of the merits of the loss claim.

他们必须给你的文件

49 CFR 375.213. When it furnishes a written estimate, the carrier must make available to you "Ready to Move?—Tips for a Successful Interstate Move" (DOT publication FMCSA-ESA-03-005 or successor) and "Your Rights and Responsibilities When You Move" (FMCSA-ESA-03-006 or successor, contents at Appendix A to Part 375).

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READ THE DUTY CAREFULLY BEFORE ALLEGING A VIOLATION: 375.213(a)(1) and (a)(2) each provide that "You must provide the individual shipper with EITHER A COPY OR PROVIDE A HYPERLINK on your internet website to the web page on the FMCSA website containing that publication." A mover that posted a compliant hyperlink has complied — check the mover's website before claiming you never received them. FORMAT: the 10-point-or-larger type, the at-least-36-square-inch (232 square centimetre) size and the 12-point bold front-cover statement apply IF THE CARRIER PUBLISHES THE DOCUMENT ITSELF (375.213(c)(2)-(3)); under 375.213(d) they do not apply to exact copies published in the Federal Register, in the CFR, or on the FMCSA website.

管辖法律

49 CFR Part 375 — 'Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations' (FMCSA), together with 49 CFR Part 370 (loss and damage claim processing) and the Carmack Amendment, 49 U.S.C. §14706.

released value 赔偿率

每磅每件至少 60 美分

60 cents is the STB released-rates baseline and the fixed threshold figure that appears in 49 CFR 375.203(b) and 375.303(a). It is not guaranteed to be the released rate on your shipment: 49 CFR 375.201(c) expressly lets the carrier increase the released rate annually using the U.S.

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Department of Commerce Cost of Living Adjustment, and the operative level is set by the STB released rates order (RR 999 as amended), not by the CFR. Check your bill of lading and the current STB order.

赔款怎么算出来的

49 CFR 370.9(b): 'When settling a claim for loss or damage, a household goods motor carrier as defined in §375.103 of this subchapter shall use the replacement costs of the lost or damaged item as a base to apply a depreciation factor to arrive at the current actual value of the lost or damaged item.' So the payout is…

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depreciated replacement cost, not new-for-old, even under Full Value Protection.

如果他们卖了你保险

49 CFR 375.201(d), verbatim: "As required by § 375.303(c)(5), you may have additional liability if you sell liability insurance and fail to issue a copy of the insurance policy or other appropriate evidence of insurance." This liability is imposed BY 375.303(c)(5), not independently of it.

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375.303(c)(5) states the consequence in stronger terms: "Your failure to issue a policy, or other appropriate evidence of insurance purchased, to an individual shipper will subject you to FULL LIABILITY for any claims to recover loss or damage attributed to you." If the mover sold you insurance and never gave you the policy or other evidence of it, say so — that is one of the few provisions in Part 375 capable of defeating a released-value limitation outright.

你可以要求的仲裁

49 CFR 375.211: if you request it, arbitration is binding for claims of $10,000 or less. The arbitrator must decide within 60 days of receiving written notification of the dispute, and the carrier may not charge you more than half the cost of instituting the proceeding — final allocation of cost is at the arbitrator's…

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discretion.

THE 60 DAYS IS NOT ABSOLUTE. 49 CFR 375.211(a)(11): "The arbitrator may extend the 60-day period for a reasonable period if you or the individual shipper fail to provide, in a timely manner, any information the arbitrator reasonably requires to resolve the dispute." Respond promptly to the arbitrator's information requests or you forfeit the deadline you are relying on.

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Also: for claims OVER $10,000, 49 CFR 375.211(a)(8) makes the arbitration binding only if the carrier also agrees — you cannot compel binding arbitration above the threshold on your own. The program covers disputes over ADDITIONAL CHARGES as well as loss and damage.

起诉承运人的时效

2 年

必须多久通报一次进度

60 天

受理投诉的机构

Federal Motor Carrier Safety Administration (FMCSA), U.S. Department of Transportation — regulator and complaint intake for interstate household goods moves (National Consumer Complaint Database). The Surface Transportation Board (STB) issues the released rates order that fixes the released-value level of liability.

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Enforcement of a loss-and-damage claim itself is ultimately a private matter under the Carmack Amendment, 49 U.S.C. §14706, since FMCSA does not adjudicate individual damage claims. For an INTRASTATE move the relevant agency is the state's public utilities/transportation commission, state DOT, or state attorney general — not FMCSA.

自己去读原文

官方来源。如果下面某个数字对你的案子有影响,请打开法条自己读一遍 —— 法律会修订,而且很多城市会在州法之上叠加更严的地方条例。

• 49 CFR 375.101, 375.201(a)-(e), 375.203(a)-(c), 375.211, 375.213, 375.303(a)-(c), 375.505, and Appendix A to Part 375 — 49 CFR Part 375 — 'Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations'; §375.101 applicability (interstate); §375.201 normal liability / Full Value Protection / written waiver to released rates; §375.203 shipper actions limiting liability (60 cents per pound per article threshold; $100/lb high-value notification rule); §375.303 liability insurance (60 cents per pound per article condition); §375.211 arbitration program; §375.213 required information and DOT publications; §375.505 bill of lading — GPO official CFR XML, 2024 annual edition, Title 49 Volume 5
• 49 CFR 370.1, 370.3(a)-(b), 370.5(a), 370.9(a) — 49 CFR Part 370 — "Principles and Practices for the Investigation and Voluntary Disposition of Loss and Damage Claims and Processing Salvage"; §370.1 applicability (as amended 91 FR 7859, Feb. 19, 2026, removing obsolete water-carrier references); §370.3 filing of claims and minimum contents; §370.5(a) 30-day written acknowledgment; §370.9(a) 120-day pay/decline/firm compromise settlement offer with the first written status notice due at that time and every succeeding 60 days; §370.9(b) depreciated-replacement-cost settlement rule — current text via eCFR (the GPO 2024 annual edition still serves the superseded §370.1)
• 49 U.S.C. §14706(e)(1)-(2) — 49 U.S.C. §14706(e) — Carmack Amendment; carrier may not provide a period of less than 9 months for filing a claim or less than 2 years for bringing a civil action, the 2 years running from written disallowance
• 49 U.S.C. §14501(c)(1), (c)(2)(B) — 49 U.S.C. §14501(c) — federal preemption of state motor carrier regulation, with the §14501(c)(2)(B) exception preserving state authority over 'the intrastate transportation of household goods'

最近核实: 2026-08-20