FLOOR DAMAGED BY JOHN LEWIS DELIVERY - compensation etc

DullGreyGuy

ggloria007 said:

my son is having a comment I must share with you: "If their wives are burnt by a delivery man, would any of them just put the rug over her face" ;-) 

yes, with the £1,600 also being offered... its not just turning a blind eye to the matter. As above, if this is the quality of legal argument then dont let them near the claim form. 

ggloria007 said:

One of the specialist pointed out that if one has a damage on the stairs (lets say spillage), the carpet replacement does not incluse just one step, but the entire stairwell and landing up the the nearest strip

Again overly simplistic and would equally be a problem if the whole house was done in a single carpet with no strips.

ggloria007 said:

I do not understand why would i need to patch up my house becase of the error of the others. 

What do you think would happen if you drove into the back of a Rolls Royce at 5 mph? Do they get a brand new car from you or does their bumper get patched up? You'll note that the bumper is the same colour as the rest of the car but the whole bodywork doesnt get replaced. 

It gets patched up, on your words, and they do the best to blend it in. Some claimants will always say they can see the colour difference between the brand new paint on the bumper and the couple of years old paint elsewhere but they have to suck that up. 

As has already been said, and I may be able to dig out the great court case about the topic from a while back... legally what you are actually claiming for the devaluation caused to your home as a consequence of the damage. The cost to repair the item is just an easy proxy to use to estimate what that is. I would be highly surprised if someone would knock £10k off the offer for a home due to a scratch in 2 year old flooring.

ggloria007

yes, no sons advices.. though i thought he was funny... when i was stressed ;-)  

ggloria007

Unfortunatelly we changed the house insurance at the 2020... not sure if the new insurer want to know anything about the ongoing discussion with JL??? this is why i said no Insurance... 

diinozzo

Lift the damaged board(s) and drop them off to Jay Blades at the Repair Shop.

DullGreyGuy

ggloria007 said:

Unfortunatelly we changed the house insurance at the 2020... not sure if the new insurer want to know anything about the ongoing discussion with JL??? this is why i said no Insurance... 

Home insurance is written on a losses occuring basis meaning you'd need to claim on the insurance that was in place at the time of the accident. As noted above however unless that policy had matching set cover they too wont pay for all the flooring to be replaced. You'd then need to inform your subsequent insurers that you've an undeclared claim to make them aware of.

If you have legal expenses insurance on either the historic or current policy they will may give you a view on whats reasonable in these circumstances but to be honest many are rather generic and will say it has to be reasonable, youve got to mitigate your losses etc. 

They may be willing to pursue a direct claim against JL, LE cover can at times be written on a claims made basis meaning you'd claim off your current policy rather than historic, on your behalf but you may find that they think the offer is reasonable and suggest you just accept it (and possibly get a rug)

sheramber

Re the carpet analogy

If the  downstairs hall, stairs, upper hall and bedrooms were all carpeted with the same carpet with no  strips would they replace the whole lot?

After all a new carpet , even the same make and design, is likely to have a clout differnce.

pinkshoes

Can we not see a photo of this damage?!?!

I have in my head a huge unsightly gouge in the floor!! 

happyc84

Take the money and move on.

pinkshoes

As there has been no forthcoming photo or reply from the OP, I'm starting to think this is a teeny tiny scratch and not that bad after all?!?!

diinozzo

pinkshoes said:

As there has been no forthcoming photo or reply from the OP, I'm starting to think this is a teeny tiny scratch and not that bad after all?!?!

I accidently gouged a side table. Me, a rank amateur, with a bit of googling and a spend of less than five pounds 'fixed' it so it's unnoticeable. £1600 is a fix and two holidays!