Insurance Claim for Items damaged by a 3rd party

Aylesbury_Duck

So what do you estimate your actual losses to be, other than the original stuff which has already been replaced?  Presumably you're talking about loss of earnings for the 2.5 days?  No harm in constructively putting those to them to see what they say, then you can decide what to do when they respond.  Other than that, it sounds like you're prepared to spend even more of your own time organising repairs and selling the fixed items?

I can't see you getting anywhere I'm afraid, because from their point of view, you want to have your cake and eat it.  You have a duty to mitigate your losses and they will want to minimise their costs by selling the damaged items on, which is reasonable.  You could always offer to buy back the damaged items if you think you can repair them and sell them on.

Chasmondo

Aylesbury_Duck said:

So what do you estimate your actual losses to be, other than the original stuff which has already been replaced?  Presumably you're talking about loss of earnings for the 2.5 days?  No harm in constructively putting those to them to see what they say, then you can decide what to do when they respond.  Other than that, it sounds like you're prepared to spend even more of your own time organising repairs and selling the fixed items?

I can't see you getting anywhere I'm afraid, because from their point of view, you want to have your cake and eat it.  You have a duty to mitigate your losses and they will want to minimise their costs by selling the damaged items on, which is reasonable.  You could always offer to buy back the damaged items if you think you can repair them and sell them on.

My loss of earning on my current day rate will be in the region of £2,5k.  The items would be repaired and kept, as I have stated the wife cant find anything else she likes.

My point was around is it a settlement or compensation for the damage caused as none of this was discussed, I have no issue returning them, I don't have an issue discussing a buyback but what I want to be certain of is what the actually position is and what my standpoint is.  Like I said initially, communication has been extremely difficult with these guys and in lieu of a sensible conversation with anyone I am trying to see what the options are.

TELLIT01

A claim has been made and replacement items provided.  The OP can't expect to be able to keep the original items as well.  The damaged items become the property of the insurer.  The OP may be able to come to an arrangement with the insurer to retain the items, but there will be a cost involved.

Chasmondo

So after trying my luck and ringing the insurance company direct, its been confirmed that they deem the goods as damaged non-repairable and the payment was compensation to get me back to a position we were in previously before their policyholder damaged our belongings. The decision is with me in what I do with the goods and have confirmed they do not want them back.

I think the moral of this story is go direct to the source if possible.

Thank you for the replies and thoughts, much appreciated.

Alderbank

Thanks for returning to tell us the final outcome, much appreciated.

Unlike say white goods, good furniture restores extremely well so great prospects for your domestic harmony!

Chasmondo

Alderbank said:

Thanks for returning to tell us the final outcome, much appreciated.

Unlike say white goods, good furniture restores extremely well so great prospects for your domestic harmony!

I think as you say, most furniture can be repaired, rather than being "unrepairable" as I said, its probably beyond economical repair for them.. and we have nothing to lose in trying.....  It might just save me some earache!

Sandtree

Chasmondo said:

Aylesbury_Duck said:

So what do you estimate your actual losses to be, other than the original stuff which has already been replaced?  Presumably you're talking about loss of earnings for the 2.5 days?  No harm in constructively putting those to them to see what they say, then you can decide what to do when they respond.  Other than that, it sounds like you're prepared to spend even more of your own time organising repairs and selling the fixed items?

I can't see you getting anywhere I'm afraid, because from their point of view, you want to have your cake and eat it.  You have a duty to mitigate your losses and they will want to minimise their costs by selling the damaged items on, which is reasonable.  You could always offer to buy back the damaged items if you think you can repair them and sell them on.

My loss of earning on my current day rate will be in the region of £2,5k.  The items would be repaired and kept, as I have stated the wife cant find anything else she likes.

My point was around is it a settlement or compensation for the damage caused as none of this was discussed, I have no issue returning them, I don't have an issue discussing a buyback but what I want to be certain of is what the actually position is and what my standpoint is.  Like I said initially, communication has been extremely difficult with these guys and in lieu of a sensible conversation with anyone I am trying to see what the options are.

Are you self employed or operating via either an umbrella or your own ltd company? If you arent self employed then not a snowballs chance... the lost day rate is the Ltd not yours and is too remote, yes it means your dividends will be less but thats the natural risk you run as a shareholder of a company.