Advice wanted - ripped suit by roadworks - utility company being awkward

wrightbyname

Hi all,

I realise this isn't strictly the best place to be asking about this, since I don't want advice on an insurance product. However, I know you'll come to my rescue!

I was walking past some roadworks on my way to the station a few weeks ago when my suit jacket caught and was ripped (20cm gash) on a sharp piece of metal protruding from a safety barrier (the metal was approximately at eye level for a child). I took photos of the metal and suit and spoke to one of the workmen who advised me to call the utility company. After a few weeks and some chasing calls I was sent a claim form which I duly returned with the photographic evidence. The rip is just inside the jacket, so I have been going to work in the ripped suit (missing a button) for the last few weeks pending the claim - not great, but I haven't much choice as cash is short.

I have now received a letter from the utility company in which they reluctantly admit "it does appear that as a company we have to accept some degree of responsibility". They want an original receipt for the suit which, of course, I no longer have, but the price hasn't changed since I bought it and it's an M&S travel suit, the price of which is readily ascertainable from their web site. Do you think they'll screw me if I don't produce a receipt? I don't have a bank statement either and don't want to pay my bank (or go through the hassle) for ordering a replacement.

I also had a second pair of trousers for the suit as they always wear out first, but they won't entertain a claim covering those even though I can't turn up for work wearing the trousers without a jacket (and they're not exactly casual wear). Unfortunately that particular suit is now discontinued, so just replacing the damaged jacket isn't an option.

Any advice about how to respond to them will be very welcome!

mattymoo

When you claim against a third party (utility company) you do not get the same benefits as you might get from your own insurer.

The claim is being made under English Law and any compensation would be based on what a court would award. You are entitled to be put back in the same financial position you were in before the incident. In this case, that is the value of a 2 year old jacket (I'm guessing at 2 yrs btw).

M+S do price jackets / trousers individually. Lets suppose the jacket cost £60 and has an expected life of 5 years. The utility company is entitled to deduct for wear and tear so for 2 years, that would be £24 leaving you with £36 compensation.

Although it will cost you more to replace with trousers etc, £36 is the true value of your loss assuming my age / price assumptions are correct. Their barrier did not damage your trousers and so they have no legal obligation to pay for trousers.

As a side issue, you should be keeping bank statements for 6 years. The tax man can go back that far and you need evidence to counter any claims they may make against you.

wrightbyname

Thanks for the advice, even if it's not what I wanted to hear! The suit was only 5 months old and not worn much at all as I'd been wearing another suit until it got too shabby. I'd obviously be happy to replace just the jacket, were it not for the fact that it's now discontinued. So it looks like I'm going to end up losing out, annoyingly. At least I didn't lose an eye....