insurance and small claims

riddletalker

Hi

Can anyone please help. I have been offered a settlement by an insurance company for loss of items by another party (their insurance company not mine as the items were in their care). I am not happy with the offer as it does not give us enough to replace the items. The insurance people say the company concerned does not have a new for old policy. If I take what the insurance is offering, does anyone know if I can still sue the company who lost the items for the difference through the small claims court? The difference would be for less than £5000. Thanks.

pinkshoes

If the person who was taking care of your items damaged them, and their insurance doesn't pay old for new, then surely you would sue the person for the difference?

Or why not claim through your own insurance? (and they can recover it from other person's insurance)

dacouch

The reason they do not cover "New for Old" is that UK law does not deem that damaged items by a third party have to be replaced on a new for old basis. They are basically liable to put you back in the same position as you were before the incident, so if for instance you had an item of clothing damaged that you had owned for two years, they would deduct an amount for wear and tear.

OP what are the exact circumstances of the incident so we can give better advice

riddletalker

Hi
Thanks for info so far. It was actually furniture that was in storage, so they wouldn't be covered by our home insurance, which is why it is going through their insurance. Thanks

riddletalker

Sorry forgot to say that when we went to get them out of storage, they cannot find them. So it isn't that they are damaged, they have just disappeared altogether!

dacouch

The storage firm would be liable for the cost of the items less wear and tear, so unless the items were brand new you will receive less than the new price.

If you take them to court, the judgement would also be on the amount less wear and tear although you might be able to push for other costs if you can justify them.

Are the storage company a member of any trade organisation, if so have a look at the trade organisation website as they may have guidance of these types of situations and may also have an ombudsman type service

riddletalker

Thanks for your help, I will follow that up. Any idea where I stand if I accept the insurance offer? Would I be able to sue for the difference I feel I'm owed or by accepting the insurance offer, would that be it?

dacouch

How much are you claiming for the furniture and what do the other costs consist of ?

riddletalker

Minimum we would want is the what we paid for the furniture which was £2200 but with inflation at todays prices it would be nearer to £3000 like for like. Insurance only offering £1800 (£250 of which is the excess that we'll have to get from the storage company anyway). So would be looking for £400 to £1200; but if I've got to go to court then I may as well try and claim back the storage fees as well as they really haven't been storing anything!!

dacouch

How old is the furniture

riddletalker

2 x sofas bought in 2002. Used in a second home, so hardly used at all. Were as new when put into storage in 2004.