Template: How to File a Claim Against Your Moving Broker's $75,000 Surety Bond

Most consumers who are scammed by a moving broker do not know that the broker's $75,000 surety bond exists, let alone that they can file a claim against it.

The Form BMC-84, the surety bond every broker must file with FMCSA, states three times that the bond protects 'motor carriers or shippers.' The regulatory text (49 CFR 387.307(a), effective January 16, 2025) confirms that the bond provides for 'payments to shippers or motor carriers if the broker fails to carry out its contracts, agreements, or arrangements for the supplying of transportation by authorized motor carriers.'

You are a shipper. If your broker failed to carry out their contract, you have a claim.

Go to safer.fmcsa.dot.gov. Enter the broker's USDOT number or company name. Click on the company record. Look for the 'Insurance/Authority' or 'Licensing and Insurance' section.

You need:

The surety company name (e.g., Great American Insurance Co., Liberty National Financial Corp) The policy or bond number The surety company's contact information (address, phone, email)

If the FMCSA record shows the bond has been cancelled, you may still be able to file a claim. Under the 2023 final rule, when a broker experiences financial failure or insolvency, the surety must accept claims for 60 calendar days after FMCSA publishes notice of the cancellation in the FMCSA Register.

Your claim letter should include:

1. Your name, address, phone number, and email.

2. The broker's name, USDOT number, and MC number.

3. The surety bond policy number (from Step 1).

4. A description of how the broker failed to carry out the contract. Common grounds include: - Broker collected a deposit and failed to arrange transportation - Broker misrepresented itself as a carrier - Broker arranged transportation with an unauthorized or unqualified carrier - Price charged exceeded the binding estimate without a properly signed revised estimate - Broker failed to provide carrier list, physical survey, or required disclosures - Belongings were held hostage by the carrier the broker dispatched

5. The dollar amount you are claiming. This is the amount you lost due to the broker's failure: the deposit you paid and did not receive services for, the difference between the quoted and actual price, costs incurred to recover your belongings, or other damages directly caused by the broker's breach.

6. Copies of supporting documents: the original estimate, Bill of Lading, proof of payment (credit card statements, Zelle confirmations, money order receipts), all communications with the broker (emails, texts), and the FMCSA registration showing broker status.

Send your claim to the surety company identified in Step 1. Send by certified mail with return receipt, AND by email if an email address is available.

Common surety companies and their claim contacts:

Great American Insurance Co.: bondclaims@gaig.com, fax 888-290-3706, P.O. Box 5425, Cincinnati OH 45201-5425, phone 877-377-2405

Liberty National Financial Corp: claims.bmc85@gmail.com, fax 888-900-3495, P.O. Box 6089, Norman OK 73070, phone 405-321-5310

For other surety companies, the contact information is on the FMCSA SAFER record or can be found by calling the phone number listed for the surety on the broker's insurance filing.

Keep copies of everything you send.

Under the 2023 final rule (49 CFR 387.307(e)), when a surety company receives a claim:

The surety notifies the broker and provides 7 business days for the broker to respond.

If the broker consents to the claim, the surety pays it from the bond.

If the broker does not respond within 7 business days, the surety provider can determine the claim is valid and pay it directly.

If a judgment has been entered against the broker, the surety pays the judgment from the bond.

If the bond falls below $75,000 from accumulated claims, the surety must notify FMCSA within 2 business days. FMCSA then gives the broker 7 business days to restore the bond. If the broker does not restore it, FMCSA suspends the broker's operating authority.

The $75,000 is shared among all claimants. If total claims exceed $75,000, payments may be pro rata. File your claim as early as possible.

[Your Name] [Your Address] [Your Phone Number] [Your Email]

[Date]

VIA CERTIFIED MAIL AND EMAIL

[Surety Company Name] [Surety Company Address] [Surety Email]

Re: Claim Against Broker Surety Bond (Form BMC-84) Broker: [Broker Name] USDOT: [Number] MC: [Number] Bond/Policy Number: [Number]

Dear Claims Department:

I am writing to submit a claim against the surety bond filed by the above-referenced broker pursuant to 49 U.S.C. 13906 and 49 CFR 387.307.

I am a shipper who contracted with [Broker Name] for the interstate transportation of my household goods from [Origin City, State] to [Destination City, State]. The move was scheduled for [Date].

[Broker Name] failed to carry out its contracts, agreements, and arrangements for the supplying of transportation, as described below:

[Describe what happened: deposit collected, services not provided as contracted, price increased beyond binding estimate, carrier dispatched without disclosure, belongings held hostage, etc.]

As a result of the broker's failure to perform, I have suffered damages in the amount of $[Amount], calculated as follows:

[Itemize: deposit paid $X, additional charges beyond estimate $X, costs to recover belongings $X, etc.]

Pursuant to Form BMC-84, the surety bond 'shall inure to the benefit of any and all motor carriers or shippers to whom the Principal may be legally liable for any of the damages herein described.' I am a shipper to whom the Principal is legally liable.

Enclosed please find copies of the following supporting documents: [List: estimate, BOL, proof of payment, communications, FMCSA registration]

I respectfully request payment of my claim in the amount of $[Amount]. Please respond within 30 days of receipt of this letter.

Sincerely,

[Your Name]

This claim is against the BROKER's bond, not the carrier's insurance. If your complaint is about property damage during transportation, you may also have a Carmack Amendment claim (49 USC 14706) against the carrier, which is a separate process.

The BMC-84 bond covers the broker's failure to carry out contracts and arrangements. It is strongest when the broker collected money and failed to deliver the promised service.

File your bond claim AND your FMCSA NCCDB complaint AND your credit card chargeback (if applicable). These are separate remedies that can be pursued simultaneously.

If your broker's bond has already been drawn down to zero by other claims, you may not recover the full amount. This is why filing early matters.

The legal basis for shipper claims against the BMC-84 bond is established in the bond form itself (three references to 'motor carriers or shippers'), the regulatory text (49 CFR 387.307(a)), and the 2023 final rule (88 FR 78656, November 16, 2023).