Mover Blames Your Packing? Texas Damage Claim Steps

By James Brazil

James Brazil lives in Mérida, Mexico. He founded Swift Agent Sites and studied Classics at the University of Mississippi.

Published 11 November 2026 · Updated 11 November 2026

If a Texas mover blames your packing for damage, don't pay a surprise bill or sign anything that waives your claim. Note the damage on the paperwork at delivery, keep the broken items and boxes, and file a written claim: 90 days for a move inside Texas, nine months for an interstate move.

The packing argument is common because it's partly true. Federal and Texas rules both treat boxes you packed differently from boxes the crew packed. But "you packed it" isn't a blanket excuse, and it doesn't let a mover add charges after the fact.

Does packing your own boxes really limit the mover's liability?

Sometimes. The federal booklet movers must hand you, Your Rights and Responsibilities When You Move, says liability can be reduced when "improper packing of containers you pack yourself" didn't protect the contents. FMCSA's liability page puts it more softly: if items you packed are damaged, it "may be more difficult" to establish your claim.

Notice what that covers. It's about what's inside your own boxes. A dining table leg, a TV stand or a dresser the crew wrapped and carried isn't something you packed. A box that arrives crushed on one corner points to handling, not packing.

How does Texas mark who packed what?

If a Texas mover prepares an inventory by agreement, 43 TAC 218.59 requires it to use "CP" for containers the carrier packed and "PBO" (packed by owner) for containers you packed. The inventory is signed at pickup and again at delivery, and the rule says signing at delivery doesn't waive your right to file a claim.

So check those codes before the truck leaves your old place. If the crew packed your kitchen and the sheet says PBO, fix it then. That one letter code is what the claims department will read months later.

Can the mover add charges for "bad packing" after delivery?

Not on a move inside Texas without your written agreement first. Under 43 TAC 218.56, if the mover decides extra services are needed (repacking, extra wrap, crating), you and the mover have to agree in writing before they do the work. If they skip that step, only the charges on the original proposal can be billed. The rule also says the carrier can't amend the proposal to add services after they've already been performed.

There's a second Texas rule that helps here. 43 TAC 218.61 says payment of shipping charges and payment of claims are handled separately, and one can't offset the other unless both sides agree. A mover can't swap your damage claim for a "repack fee," and you shouldn't short the agreed bill to cover damage either.

Our binding vs not-to-exceed proposal guide covers what that original proposal must say.

What should you do at delivery if things are broken?

Slow down. The crew wants to leave, and that's when people sign whatever's on the clipboard.

• Write the damage on the inventory or the moving services contract before you sign. The TxDMV consumer brochure says to note obvious loss or damage on the inventory at delivery and make damage notations before signing the contract.
• Photograph the item, the box, and any box labels or tape, before you unpack further.
• Keep the damaged item and the packing materials. Texas movers can inspect within 30 days of your claim.
• Don't sign a receipt that says you release the mover from liability. FMCSA tells interstate shippers to strike out that kind of language.

Photos from before pickup help a lot. A picture of the table in your old dining room, legs intact, is hard to argue with.

How do you file the claim on a Texas-only move?

Put it in writing, with enough detail to identify the shipment, the type of claim and the specific remedy you want, such as a repair cost or a dollar amount. Under 43 TAC 218.61 the mover must acknowledge it within 23 days and pay, decline or make a firm offer within 90 days. If you get a denial or a lowball offer, or no answer after 90 days, you have 35 days to ask TxDMV for free mediation.

If the mover's answer is "you packed it," ask them to point to the PBO code on the inventory for that item. If there's no inventory, or the item was furniture the crew handled, say so in your reply.

TxDMV's Enforcement Division takes complaints at 1-888-368-4689 or TruckStop@TxDMV.gov. Patterns of shady behavior are covered in our guide to unlicensed movers in Texas.

What changes if the move crossed a state line?

The rules switch to federal ones. See local Texas move vs interstate rules if you're unsure which applies.

For an interstate move, 49 CFR Part 370 sets the claims process. Your written claim needs facts that identify the shipment, a statement that the mover is liable, and a specific or determinable dollar amount. A damage note on the delivery receipt alone doesn't count as a claim. The mover must acknowledge within 30 days and pay, decline or make a firm offer within 120 days, with written status updates if it needs longer.

You have nine months from delivery to file. If you and the mover can't settle it, 49 CFR 375.211 requires interstate movers to have a neutral arbitration program. Arbitration is binding for claims of $10,000 or less if you ask for it, and you can't be charged more than half the cost to start it.

On added charges, 49 CFR 375.703 caps what's due at delivery: the binding estimate, or 110% of a non-binding one, plus services you requested after the bill of lading and limited impracticable-operation charges. A surprise "repacking" fee you never asked for doesn't fit any of those.

FAQ

Can a Texas mover deny my claim because I packed the box?

They can argue it for boxes marked PBO, but improper packing has to be what caused the damage. Furniture the crew handled and boxes crushed in transit are different. Put your evidence in the written claim.

How long do I have to file a moving damage claim in Texas?

For a move within Texas, 90 days from delivery under 43 TAC 218.61. For an interstate move, nine months from delivery under federal rules.

Can I hold back payment because things were damaged?

On a Texas move, shipping charges and claims are handled separately unless you and the mover agree otherwise. Pay what the proposal requires and pursue damage through the claim.

Does TxDMV charge for mediation?

No. TxDMV coordinates mediation at no cost to the shipper. You need to request it within 35 days after a denial, an unacceptable offer, or 90 days with no resolution.

Next step

Planning a move and want fewer arguments later? Talk with a licensed local mover before you book. Ask which items they want to pack themselves, how they mark the inventory, and what their written proposal says about liability and extra services.

Sources: 43 TAC 218.59, inventories; 43 TAC 218.56, written proposals and additional services; 43 TAC 218.61, claims; TxDMV consumer brochure, Your Rights and Responsibilities When You Move in Texas; FMCSA, Liability and Protection; 49 CFR Part 375 Appendix A, Your Rights and Responsibilities When You Move; 49 CFR Part 370, claims; 49 CFR 375.211, arbitration program; 49 CFR 375.703, maximum collect-on-delivery amount.

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