Insurance Claim - Help with wording

born_again

Ksw3 said:

I imagine that flat-pack furniture is less durable than other kinds of furniture. Most of the flat pack furniture I have has been damaged when moving as they were made of chipboard type stuff whereas the solid walnut dresser we have is going strong after 60 years. 

Totally agree. Having moved a ikea wardrobe, that fell to bits while being tilted onto it's side to move..
Now always add some corner brackets after building to add strength.

max5445

Alderbank said:

@max5445, can you give us some context?

I think you contracted a removals firm to move house and an item of furniture was damaged in the move. You complained and they said something like 'Here's a form to claim from our insurer.' You submitted a claim perhaps with photographs and they refused the claim because the item is flat pack which they say they don't insure.

Is that correct?

If so and the removers did not carry out the task with the level of care and skill you would expect from a professional removals firm, I think your claim is directly against the removals firm. Whether they can offset any of the costs of the claim against their insurance is a matter for them.

Here is a summary of your legal rights if the above is true:
http://templelegalsolutions.co.uk/types-claim/removal-companies-liability-goods

Spot on.  It was agreed by the removal company that they would dismantle the said furniture as it was too heavy and large to move.  On the day of the move they failed to dismantle which caused the excessive damage, though i insisted on the day that it was to be dismantled.  I complained to the removals company about the damage, and they just said claim against the insurance company!

DullGreyGuy

max5445 said:

Alderbank said:

@max5445, can you give us some context?

I think you contracted a removals firm to move house and an item of furniture was damaged in the move. You complained and they said something like 'Here's a form to claim from our insurer.' You submitted a claim perhaps with photographs and they refused the claim because the item is flat pack which they say they don't insure.

Is that correct?

If so and the removers did not carry out the task with the level of care and skill you would expect from a professional removals firm, I think your claim is directly against the removals firm. Whether they can offset any of the costs of the claim against their insurance is a matter for them.

Here is a summary of your legal rights if the above is true:
http://templelegalsolutions.co.uk/types-claim/removal-companies-liability-goods

Spot on.  It was agreed by the removal company that they would dismantle the said furniture as it was too heavy and large to move.  On the day of the move they failed to dismantle which caused the excessive damage, though i insisted on the day that it was to be dismantled.  I complained to the removals company about the damage, and they just said claim against the insurance company!

So time to go back to the removal people and advise them that your goods are still damaged by their negligence but their insurers state they aren't covered for damage they do to flat pack furniture and so you are still looking to them to make good.


To me its important to make sure that its clear that your claim is against them, their insurance (its not your insurance) is there to protect them not you and its therefore their problem if they have bought cheap cover that doesn't cover this type of damage.

tightauldgit

DullGreyGuy said:

max5445 said:

Alderbank said:

@max5445, can you give us some context?

I think you contracted a removals firm to move house and an item of furniture was damaged in the move. You complained and they said something like 'Here's a form to claim from our insurer.' You submitted a claim perhaps with photographs and they refused the claim because the item is flat pack which they say they don't insure.

Is that correct?

If so and the removers did not carry out the task with the level of care and skill you would expect from a professional removals firm, I think your claim is directly against the removals firm. Whether they can offset any of the costs of the claim against their insurance is a matter for them.

Here is a summary of your legal rights if the above is true:
http://templelegalsolutions.co.uk/types-claim/removal-companies-liability-goods

Spot on.  It was agreed by the removal company that they would dismantle the said furniture as it was too heavy and large to move.  On the day of the move they failed to dismantle which caused the excessive damage, though i insisted on the day that it was to be dismantled.  I complained to the removals company about the damage, and they just said claim against the insurance company!

So time to go back to the removal people and advise them that your goods are still damaged by their negligence but their insurers state they aren't covered for damage they do to flat pack furniture and so you are still looking to them to make good.


To me its important to make sure that its clear that your claim is against them, their insurance (its not your insurance) is there to protect them not you and its therefore their problem if they have bought cheap cover that doesn't cover this type of damage.

Yep, this. I think you've a good case if they knew it would likely be too heavy/large to lift and might cause problems but just went ahead and did it anyway, presumably to save time.

bris

Flat pack furniture is pretty rubbish, the way its put together with a couple of dowels and a few drops of glue make it very difficult to move without damaging it.

I can see why the clause is in there, have you ever tried to move an ikea wardrobe? Soon as to tilt it to get a grip it starts to fall apart. If it was brand new still in the box you wouldn't have a problem, but assembled is.

max5445

bris said:

Flat pack furniture is pretty rubbish, the way its put together with a couple of dowels and a few drops of glue make it very difficult to move without damaging it.

I can see why the clause is in there, have you ever tried to move an ikea wardrobe? Soon as to tilt it to get a grip it starts to fall apart. If it was brand new still in the box you wouldn't have a problem, but assembled is.

The IKEA furniture has moved with me previously on 3 occasions (chest of drawers) and were in perfect condition afterwards.  The other other furniture that they are claiming is flat pack, is not IKEA, was purchased from Germany and believe me it was not put together with a couple of dowels and glue.  But thank you for your comment, I was just looking for help with wording a complaint to the company.

Alderbank

max5445 said:

bris said:

Flat pack furniture is pretty rubbish, the way its put together with a couple of dowels and a few drops of glue make it very difficult to move without damaging it.

I can see why the clause is in there, have you ever tried to move an ikea wardrobe? Soon as to tilt it to get a grip it starts to fall apart. If it was brand new still in the box you wouldn't have a problem, but assembled is.

 ...but thank you for your comment, I was just looking for help with wording a complaint to the company.

Don't get tangled up with 'flat pack'.
That's a red herring, it's just between your removal firm and their insurers.

Your complaint against the company is that they did not show sufficient care and skill and as a result they damaged some items of your furniture (include photographs).

lincroft1710

max5445 said:

bris said:

Flat pack furniture is pretty rubbish, the way its put together with a couple of dowels and a few drops of glue make it very difficult to move without damaging it.

I can see why the clause is in there, have you ever tried to move an ikea wardrobe? Soon as to tilt it to get a grip it starts to fall apart. If it was brand new still in the box you wouldn't have a problem, but assembled is.

The IKEA furniture has moved with me previously on 3 occasions (chest of drawers) and were in perfect condition afterwards.  The other other furniture that they are claiming is flat pack, is not IKEA, was purchased from Germany and believe me it was not put together with a couple of dowels and glue.  But thank you for your comment, I was just looking for help with wording a complaint to the company.

I think the consensus of opinion is that the insurance company is correct in claiming that the damaged furniture is "flat pack", which you appear to have confirmed in your original post 

"(Initially when I purchased the furniture a couple years ago it was flatpacked furniture)."


Therefore you will have to claim directly from the removals company, simply stating that as their insurer does not cover flat pack furniture, you are claiming directly from them for losses you have suffered due to their negligence

Alderbank

...but it's not because the removers' insurer, whoever they are, does not cover this or that. The OP has no contract with that insurer.

OP is claiming from the removals company because that is who they have a contract for services with and that is who their consumer rights are with.

Jenni_D

Indeed. So what matters is whatever the removal company's T&Cs say (if anything) regarding flat pack furniture, and whether they seek to limit liability.