[Chris R]

Hi,
reading the post on upholstery colour loss, and the eventual outcome being an insurance payout, did you all realise that your policys dont cover for new for old?
It would seem that if you damage a carpet or suite then the insurance will only pay out the value of the item AT THE TIME OF CLEANING,and so obviously depending on its age this could be a lot less than the new price.
In this case it seems that the insurance was very generous,I would have expected them to offer only 50% of the value of a 6 year old suite.

If they had offered a lot less could the customer then still take you to court to try and claim the rest?

Chris

below is taken from the upholstery colour loss posting.

The final outcome:-
I evenually put it in the hands of my insurance company, and basically they settled. They based the settlement figure on their policy of reinstatement to the position, as it was before the item was cleaned.
The replacement quote as supplied by the client was £1850 thereabouts, they deducted 6 years wear & tear and ended up at £1197 of which I have to pay £250.
Telephoned the client today and she has reluctantly agreed to accept this sum, provided she is allowed to keep the settee and chair, that is the subject of the claim.
Yes, I know what many will thinking, thought the same myself, so sorry Derek - no cushion cover I'm afraid.
Dave.

[Derek]

Hi

I was always under the impression that carpets and soft furnishings were written off by a loss adjuster over a period of ten years.

In the instance being discussed the payout was generous.

The way that it is calculated is that the owner has had six years use of the items therefore is NOT entitled to a full new replacement...that to me sounds perfectly reasonable.

I do appreciate that the aggrieved customer will have to find the balance maybe a few years ahead of schedule but if it was new for old then there would be far more fraudulant claims which is why this practice was stopped in the first instance

Derek

[easi-kleen]

Some time ago I had a mishap with a 5 seater chesterfield couch.
The water I used was too hot and gave draylon a crushed velvet effect. the coverings on this furniture were 40 years old it turned out. My insurance paid out in full to have it re-covered. Minus £250 excess of course.

Phil

[Ian Gourlay]

I never thought about that. Some of us advertise that we are fully insured,

How many make it clear  that in the event of a claim they will only get a certain percentage.

What is the position if housholder has own insurance can they claim on yours and theirs.

From our pont of view is it not better to pay their excess or will their insurance company then sue us for damages.


Regarding loss adjusters  I have new for old at home and have two genuine claims I appear to have an acident prone family.

Bath Pink  Son slipped put hole in bath.Cant get pink bath insurace company will pay for white bath only.

LAPTOP  computer wife spilt wine on keyboard still awaiting result.

Fortuantley to save my embarrasement two seperate insurance companies

[Dave_Lee]

Phil,
Just a point. You say the covering was 40 years old when you cleaned it. In that case it almost certainly wasnt Dralon and most likely to have been cotton velvet which is not wet cleanable - these were very popular around that time.
RE: Cover - I think it depends on which insurance company you are with. When I was with a different company around 15 years ago, I had an accidental spillage on an expensive pure wool carpet, which ended up in four, one inche long white narrow l;ines. My insurance company at that time paid out in full minus £50 excess.
Have all companies changed their policy since then - possibly. They certainly have with the amount of excess we have to pay.
Dave.

[Dave_Lee]

Just A final note on this subject.
I ran the case of my "Upholstery Colour Loss" past a friend of mine recently, who is a solicitor specialising in 'Consumer Law', he's written several books on the subject for student studies and for the last 15 years at least has been a lecturer on the subject at Lancashire University. If anyone knows the answer on this - he does.
As has already been quite rightly stated - in law the remedy for damaged property, is on a reinstatement basis, not new for old, like some household policies. That is to put things back to what they were immediatly before damage occured. If the item cannot be repaired and is judged a write off, then the award in court would be for the value of the item at the time, based on its original cost - NOT the replacement cost.
Bearing this in mind, The owner of the settee and chair that suffered loss in my case, has been reinstated to around 15 times its value AND she still has possesion of them.
Dave.

[Doug Holloway]

Hi guys,

If someone runs into the back of your f reg Ford Transit 130,000 miles on the clock and writes it off , their insurance company is not going to buy you a brand new one.

You'll be lucky to get £150.

It's the same with soft furnishings.

Some years ago insurance companies decided to offer new for old  , on house contents policies as a MARKETING ploy , which you obviously pay for in the premiums.

Cheers,

Doug

[Richard Edwards]

Ian

Regarding the customer claiming off their own policy, as an ex-loss adjuster I wonder whether a domestic household policy would cover damage whilst being professionally cleaned.

However if it did and it was more beneficial for the customer to claim off their policy ie Replacement as new, then their insurers would look to recover their payment from you.

On this issue when talking about claims settlements, alot of modern Domestic insurance policies are on a Replacement as new basis, however our Commercial Policies are on an Indemnity Basis, whereby a deduction is made to take into account age and wear & tear.

I hope this helps. Cheers

Richard 

   

[Doug Holloway]

Dave,

Have a look at my post on Red Wine / Green Wine.

Is it posssible you could have a go at the colour loss upholstery ,  by putting rust eraser on a cloth and applying it to the fabric.

I think the problem may have been an oxidation state change which normal acid rinse was too weak to rectify.

Rust eraser is a strong acid which may do the trick.

It would be best to rinse afterwards .

Cheers,

Doug

[Dave_Lee]

Doug,
Even though I would love tp try anything, if only to fully understand what may have happened, relations between the wifes ex friend/client are not too good, so I doubt this is possible. Things have broken down because of her grasping attitude. She not only wants the £997 insurance money shes already had, the £250 excess out of my pocket, but she wants to keep the settee & chair as well!
I havnt paid her the excess yet, which my insurance company say is for me to arrange with her. I will pay it, if she allows me to take salvage of the items concerned - if this happens, then, I could try something.
Dave.

[DP]

Richard:

Just read your comments and found them amusingly suggestive and extremely relevant. Very good advice, there is often a better route.