claiming from a floor company's insurance - how?

Clive_Woody

Quentin wrote: »

No.

The contract for the whole job was made with the shop. If they subcontracted, then that is between the shop and the subcontractor, and nothing to do with the customer.

Absolutely, the OP had a contract with the shop to provide goods and services, the fact the shop chose to sub-contract the fitting is their business, the shop is liable for meeting their end of the contract with the OP.

The service was carried out in an inadequate manner and the OP has incurred costs as a result of danage caused by this. The OPs complaint/contract is with the shop, he should take his complaint there (after advice from Consumer Direct).

tru

If the fitter refuses to accept liability, then the shop should send someone out (where mr tru works, it's the manager) who will say 'yes, fitter's fault' and get the fitter to pay out, whether it's from his pocket or his insurance.

Quentin

No.

As already posted the customer doesn't have to deal with the fitter.

The shop is responsible for the fitter's negligence. (If there is any, of course).

tru

One more thing (sorry! just remembered) - if no-one accepts liability, the insurance people (whether fitter's or shop's) might send round an independent assessor. Be careful if they do, some of them don't know their a$$ from their elbow, they have no idea what affects what because they're not trained in any particular trade and have been known to rule either way, depending on what mood they're in :rolleyes:

tru

Arrgggh stupid internet keeps timing out :rolleyes:

Oooh yes, I know the customer shouldn't have to deal with fitter.

But the fitter has insurance for this exact reason, and sometimes it's quicker to claim direct from him.

As soon as Star had contacted the shop, the manager should have asked the fitter about the nail. If he admitted it, the claim would have gone in straight away, no problem. If he denied it, the manager should have arranged to visit Star's house ASAP so he could see for himself - a mistake like this is obvious and the shop could refund/replace straight away then claim back from the fitter.

Star, what shop was it? The carpet biz is EXREMELY gossipy (like you wouldn't believe - mr tru has a new job which hasn't even started yet and reps all over the country know about it :rolleyes:). If he knew which shop it was, he'll probably know how to give them a kick up the bum

dacouch

As stated by the majority of the posters it is the shops problem as your contract is with them.

You can probably claim off your home insurance, but you will have to pay your excess and your premium will go until your insurers get their money back which can take them a while.

You may have Legal Expense Cover on your home insurance that might take this up for you depending on the costs of the repairs.

Stand your ground, it is not unusual for this to happen with carpet/floor laying so they will have dealt with this type of thing before and will realise its their problem

If the shop you used was Carpet Right they always insist their fitters have insurance which they check each year (Although they sometimes cancel it after the check but this is rare).

geri1965_2

dacouch wrote: »

As stated by the majority of the posters it is the shops problem as your contract is with them.

But the shop hasn't been negligent - so how will a claim against their Public Liability insurers succeed?

Quentin

The shop sold the service including the fitting.

dacouch

Some floor shops sell you the floor without fitting then they pass you on to a seperate floor laying / carpet fitter who give you a quote. If you engage this floor fitter and pay the floor fitter seperately for the fitting then your contract for the fitting is with the fittter so it would be the fitters problem.

If as with this OP you pay the shop to supply and fit your contract is with the shop, the fact they have subcontracted it to a seperate problem is not your problem. The shop is liable. The Shop's Insurers should pay the claim out if their is negligence and then may recover their outlay from the fitters Public Liability Insurer (If he has it).

geri1965_2

I forgot about breach of contract.