accidental damage insurance won't pay

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I have spilt gloss paint on my lounge carpet when painting a door frame, it splashed onto my leather sofa and into the hallway carpet and up the hallway wallpaper.
I phone the insurance company (Esure) the next morning to log the claim. He asked if I used dust sheets and I said no. He said to leave the damage alone, so not attempt to clean or rub it else it will invalidate a claim and a manager will call me back within 2 days. I therefore left it all to dry and awaited my call. Today was day 3 and i hadn't received a call so i rang them. I was told i had no claim as i did not use dust sheets therefore due care and attention was not taken as apparently states in the policy document (which I cannot find). I said i would not use dust sheets to paint a door frame, and due care and attention was taken as i waited until my 3 children were in bed and locked dog outside. She maintained that dust sheets must be used to validate a claim. I also bought up the point that due to the paint completely drying as I was told not to touch it, the damage is now irrepairable whereas it could have been improved if it was tackled there and then and surely the original advisor would have known the claim was invalid as I declared I did not use dust sheets. Also I did not get a call within 2 days and as today is bank holiday as is monday, I will not get a call until Tuesday now. I have escalated it to a complaint but would really welcome advise on where I stand. Must dust sheets be used? Should I have been told there and then the claim would be invalid so i could have attempted to clean it? Also, if I had used dust sheets (which i wouldn't dream of when painting a door frame), I would not have draped them all over my sofa and the hall wallpaper would still be damaged, and the paint would have splashed right off the dust sheet anyway as the perimeter of the splashes is massive. Please help as I am very nervous about this complaints manager calling on Tuesday and I have not made a claim for about 7 years. thank you in advance and sorry for waffling!
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  • diable
    diable Posts: 5,258 Forumite
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    WoW that was hard to read can you punctuate?

    Did you spill the gloss paint from your paint brush or did you drop the tin of paint?

    Also what is your excess as the claim may be prohibitive.
  • dacouch
    dacouch Posts: 21,637 Forumite
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    You need to follow the process of making an official complaint.

    It would be prudent to always use dust sheets in the future
  • Incyder
    Incyder Posts: 2,016 Forumite
    edited 23 April 2011 at 11:16AM
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    poppytigra wrote: »
    I have spilt gloss paint on my lounge carpet when painting a door frame, it splashed onto my leather sofa and into the hallway carpet and up the hallway wallpaper. :p

    I am very nervous about this complaints manager calling on Tuesday :rotfl:

    Gloss is very thick and does not splash about. You seem to have made no attempt to clean the paint off before ringing the insurance, I would have. You say using a dust sheet for painting just a door is something you wouldn't do, I would.

    I hope this obvious con is uncovered and you don't get paid. It's claims like this that make everyone elses premiums go up each year. If you want new furniture, carpets and wallpaper then save up for it like people have to do.

    !!!!!!!!.jpg
  • vaio
    vaio Posts: 12,287 Forumite
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    that looks like a really useful stamp/image, now tucked away on my computer for future use
  • societys_child
    societys_child Posts: 7,110 Forumite
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    Incyder wrote: »
    Gloss is very thick and does not splash about. You seem to have made no attempt to clean the paint off before ringing the insurance, I would have. You say using a dust sheet for painting just a door is something you wouldn't do, I would.

    I hope this obvious con is uncovered and you don't get paid. It's claims like this that make everyone elses premiums go up each year. If you want new furniture, carpets and wallpaper thensave up for it like people have to do.

    That's what I thought . . .

    Incyder wrote: »
    %21%21%21%21%21%21%21%21.jpg

    Humm . . yeah.
  • Enterprise_1701C
    Enterprise_1701C Posts: 23,409 Forumite
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    Unfortunately it does splash about if dropped from the top of a ladder!!! Also, fortunately, I used dust sheets! I have learned to cover everything when I am doing any painting!

    Sorry OP, due care and attention should be practiced at all times when you are decorating, the only thing gloss comes off easily is glass, cover everything else up.
    What is this life if, full of care, we have no time to stand and stare
  • Incyder
    Incyder Posts: 2,016 Forumite
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    These insurance guys are no mugs on this type of thing these days. I saw a documentary about them a couple of years ago on channel 4. They have replicated every type of paint spill and splash from every angle and height and paint types in labs and have charts with all the possible splash combinations and coverage possibilities and can tell when someone is trying to carry out a fraud.
  • mikey72
    mikey72 Posts: 14,680 Forumite
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    poppytigra wrote: »
    I have spilt gloss paint on my lounge carpet when painting a door frame, it splashed onto my leather sofa and into the hallway carpet and up the hallway wallpaper.
    I phone the insurance company (Esure) the next morning to log the claim. He asked if I used dust sheets and I said no. He said to leave the damage alone, so not attempt to clean or rub it else it will invalidate a claim and a manager will call me back within 2 days. I therefore left it all to dry and awaited my call. Today was day 3 and i hadn't received a call so i rang them. I was told i had no claim as i did not use dust sheets therefore due care and attention was not taken as apparently states in the policy document (which I cannot find). I said i would not use dust sheets to paint a door frame, and due care and attention was taken as i waited until my 3 children were in bed and locked dog outside. She maintained that dust sheets must be used to validate a claim. I also bought up the point that due to the paint completely drying as I was told not to touch it, the damage is now irrepairable whereas it could have been improved if it was tackled there and then and surely the original advisor would have known the claim was invalid as I declared I did not use dust sheets. Also I did not get a call within 2 days and as today is bank holiday as is monday, I will not get a call until Tuesday now. I have escalated it to a complaint but would really welcome advise on where I stand. Must dust sheets be used? Should I have been told there and then the claim would be invalid so i could have attempted to clean it? Also, if I had used dust sheets (which i wouldn't dream of when painting a door frame), I would not have draped them all over my sofa and the hall wallpaper would still be damaged, and the paint would have splashed right off the dust sheet anyway as the perimeter of the splashes is massive. Please help as I am very nervous about this complaints manager calling on Tuesday and I have not made a claim for about 7 years. thank you in advance and sorry for waffling!

    The thread is following the usual route I see.

    What you need to do to progress the claim is to submit a written complaint, with photographs of the affected items, and tell them if they do not resolve it to your satisfaction, you will submit a complaint to the FOS.
    Maybe they will decide you should have used dust sheets, maybe they won't, but the FOS will make an impartial decision.

    http://www.financial-ombudsman.org.uk/
  • cajef
    cajef Posts: 6,266 Forumite
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    poppytigra wrote: »
    I have spilt gloss paint on my lounge carpet when painting a door frame, it splashed onto my leather sofa and into the hallway carpet and up the hallway wallpaper.
    I phone the insurance company (Esure) the next morning to log the claim.
    I therefore left it all to dry and awaited my call.

    I am still trying to work out how it managed to splash on the sofa, the lounge and hall carpet and the hall wallpaper, it managed to spread itself around a bit, that was one hell of a splash.:eek:

    Anyway if it was left overnight without any attempt to clean it up it would have been too late to do anything, why did you not try and remove it as soon as it happened.
  • Absolutely
    Absolutely Posts: 500 Forumite
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    Incyder wrote: »
    These insurance guys are no mugs on this type of thing these days. I saw a documentary about them a couple of years ago on channel 4. They have replicated every type of paint spill and splash from every angle and height and paint types in labs and have charts with all the possible splash combinations and coverage possibilities and can tell when someone is trying to carry out a fraud.

    The older I get, the less insurance I take out. It's practically worthless. Save the money up instead and use it in case some such calamity occurs.
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