returning goods damaged by workman after insurance claim?

pyglet

One of our beds has been damaged by a workman. Their insurance company have agreed to pay for a replacement but are insisting they either collect the damaged bed or if we want to keep it as a spare they will reduce the payment to us by 70 per cent.
Are they entitled to do this?
This claim has been ongoing for over one year. What if we had already got rid of the bed and had been using another of our spare beds in the meantime while we waited for this to be resolved?

chanz4

They have a right to the damaged goods that they are paying for, same if your car is written off.

pyglet

What if we no longer have the bed to give them? Do you think that a 70 per cent reduction is reasonable? I have been waiting for over one year to resolve this?

InsideInsurance

70% is a bit of a miss leading number as it will depend on the numbers involved.

Are they offering to replace the bed with another bed if you give them the salvage and a cash if you dont or is the only option to get cash irrespective of the return of the damaged one?

How much was the damaged bed worth before the damage? What damage was done to it? What is your excess?

By doing a total loss the remains of the bed, salvage, become their possession. If you are unable or unwilling to give them the salvage then they are entitled to deduct this from the settlement. This however would be compounded by additional discounts being lost if it switches settlement from either a new bed or vouchers for a store to being a cash settlement.

chanz4

pyglet wrote: »

What if we no longer have the bed to give them? Do you think that a 70 per cent reduction is reasonable? I have been waiting for over one year to resolve this?

only if they have given written consent to dispose of.

pyglet

Thank you to both of you. The bed cost £610 and was 9 months old when the damage occurred. The damage was on the paintwork caused by chemicals the workman used above the bed because he was not equipped with a proper dust sheet. He used a plastic shower curtain! The chemicals dripped on the bed damaging the headboard and the bed linen. The headboard cannot be bought seperatley nor can the paintwork be repaired without it being noticeable. I have contacted various carpenters / woodwork shops for a respray but they are not happy to do this for various reasons. The bed company held a lower sale price for me of £350 until the matter was resolved within reason. That time period has lapsed. The bed is now at full price again £610 and the insureres are offering me £350 The sale price) and will take the bed away or £100 if I keep the bed. These are the figures we are dealing with. Any suggestions?