Fridge damaged while moving house - advice wanted

[emaino]

Four weeks ago I hired Cheap Moves to move my household items to a new place. I've asked the person responsible via e-mail if my items would be covered for any damage during the move, which she replied that everything would be covered.

On the day of the move, the guy responsible showed up with a small van, instead of the truck which was mentioned in our e-mails. "As long as we can move everything for the same price that's fine" - I though.

During the last load, the side of my fridge was scratched badly and as soon as he saw it he told me that, because he used a 'borrowed' vehicle, the insurance company would not cover it. He went as far as to mention that this is an "human error" and the insurance company wouldn't cover it even with his own truck.

After that I have contacted the lady responsible for running the company and, after a few days, she agreed to take some pictures of the fridge to send to her insurance company. So far so good.

3 weeks have passed after that without any contact from the insurance company, for which she mentioned it would be because the damage is 'cosmetic'. I've asked for the insurance company information, but she simply ignores this question.

I would like some advice on how long I should wait until I open a case with the disputes tribunal. I have no idea how long it would take for an insurance company to handle a claim or what's involved in the process.

I know that the damage is cosmetic and that the fridge is working fine, but it is a really expensive fridge and, if I want to sell it with this cosmetic damage I would lose at least $1.000. All I want is to have the fridge as it was before.

Any advice would be greatly appreciated.

[ralf-nz]

Check with your local CLC; often advertised as "legal advice".

http://www.lsa.govt.nz/about-us/lega...aw-centres.php:
"Community Law Centres

The Legal Services Agency contracts with and allocates funding to community law centres (CLCs) to provide a mix of legal services tailored to their community’s needs. There are 26 CLCs nationwide providing a range of:

* free legal advice
* representation to people with insufficient means to pay
* law-related education and information
* law reform submissions
* other special services needed by particular communities"

There is a centre in Wellington, too - of course.

[Duncan74]

My view, and it's not a legal one, but based on opinion and experience. If you're claiming $1000 then you're going to get nowhere. You'll spend the next 3 months bangining your head against a brick wall and get nowhere other than more and more angry.

It's a fridge. With a bit of a scratch. It's not irreplacable, and indeed at some point you will get rid. Annoying, yes, but not life threatening and so there's bigger things to life.

Now the positive. It's metal with a cosmetic scratch. There are hundreds of repairs done everyday to scratched metals, so why not do a repair yourself with one of the many car repair systems, or get a local car scratch company to sort it out if you can't cover it with a calendar / picture / magnetic shopping list.

Perhaps getting the removals to pay for that is a bit more likely to get somewhere than claiming $1000.00 for a scratch.

I've always found that by being realistic with claims means that you more often than not get something.

[emaino]

My view, and it's not a legal one, but based on opinion and experience. If you're claiming $1000 then you're going to get nowhere. You'll spend the next 3 months bangining your head against a brick wall and get nowhere other than more and more angry.

It's a fridge. With a bit of a scratch. It's not irreplacable, and indeed at some point you will get rid. Annoying, yes, but not life threatening and so there's bigger things to life.

Now the positive. It's metal with a cosmetic scratch. There are hundreds of repairs done everyday to scratched metals, so why not do a repair yourself with one of the many car repair systems, or get a local car scratch company to sort it out if you can't cover it with a calendar / picture / magnetic shopping list.

Perhaps getting the removals to pay for that is a bit more likely to get somewhere than claiming $1000.00 for a scratch.

I've always found that by being realistic with claims means that you more often than not get something.

So what you are saying is that I have no right to ask the removal company to pay for the damage it did to my fridge even after it informed me that it would be covered by insurance? The repair, going through an authorized Mitsubishi service centre costs over $1500 as it is not a simply painting job.

I'll have to disagree with your opinion. The company should be responsible for the damage and make an effort to have the problem solved as quickly as possible.

[emaino]

Check with your local CLC; often advertised as "legal advice".

http://www.lsa.govt.nz/about-us/lega...aw-centres.php:
"Community Law Centres

The Legal Services Agency contracts with and allocates funding to community law centres (CLCs) to provide a mix of legal services tailored to their community’s needs. There are 26 CLCs nationwide providing a range of:

* free legal advice
* representation to people with insufficient means to pay
* law-related education and information
* law reform submissions
* other special services needed by particular communities"

There is a centre in Wellington, too - of course.

That's good to know. I'll give then a call as soon as I can.

Thanks!

[Duncan74]

So what you are saying is that I have no right to ask the removal company to pay for the damage it did to my fridge even after it informed me that it would be covered by insurance? The repair, going through an authorized Mitsubishi service centre costs over $1500 as it is not a simply painting job.

I'll have to disagree with your opinion. The company should be responsible for the damage and make an effort to have the problem solved as quickly as possible.

No, I'm not saying you don't have the right to complain at all. I fully agree you do. And if you go through a Mitsi service centre then I assume they will replace the skin and it will cost $1500.

What I was saying is that it depends on what value you put on your time, and stress levels. Even going through all the legal steps, then I don't think you will ever get $1500 or even $1000. And on top of that you've wasted hours of time when you're not enjoying life, and will forever be more worked up about the scratch than if you take a more 'relaxed' approach to it.

But if you've the time and will, then Ralf's links will help.

After that's failed, then feel free to consider the self repair paint touch ups/car touch up people.

[ralf-nz]

No, I'm not saying you don't have the right to complain at all. I fully agree you do. And if you go through a Mitsi service centre then I assume they will replace the skin and it will cost $1500.

What I was saying is that it depends on what value you put on your time, and stress levels. Even going through all the legal steps, then I don't think you will ever get $1500 or even $1000. And on top of that you've wasted hours of time when you're not enjoying life, and will forever be more worked up about the scratch than if you take a more 'relaxed' approach to it.

But if you've the time and will, then Ralf's links will help.

After that's failed, then feel free to consider the self repair paint touch ups/car touch up people.

I second this.
Emaino, even though it might be difficult right now for you, try not to concentrate on this scratch (too much). And of course come the second, third etc. it won't bother you so much in future.

[Addicted to NZ]

For me it would depend on where the scratch is...front or one of the sides. If it is the side....that isnt showing (i'd get over it). Side that shows...mehhh perhaps cover it somehow (or live with the scratch).

Front....well now we are talking a problem

I agree that you are well within your rights to get it fixed or heck..even replaced perhaps. But like others have said...I am not sure it is worth the huge PAIN IN THE ASS it could turn into.

I can see how the "winning" would go. Ok lets arrange a time to pick up the fridge for repairs...

They come to pick it up....
Then I see emaino without a fridge while it is out being fixed.

emaino says - what am I going to use while mine is gone. For how many freaking weeks?

Company replies - we can get you a "hold you over fridge" but it won't be here till monday.

emaino - what about my food...it will go bad.

Company - shrug..sorry.

emaino - Well I want to be reimbursed for my food!

Company - we are here to take fridge and get it fixed, they didnt tell us anything about what to do with your food , do you want us to take the fridge or not.

emaino on phone yet again...

Company shows up with a small bar fridge to hold emaino over (assuming they will even provide one).

[emaino]

Just a clarification: it is not a single scratch. Imagine Freddy Krueger playing with the whole side of your fridge for 1 hour... a fridge you just bought 4 months ago.

And there is some damage to the front panel as well, but these are minimal.

The legal advice I got indicated that I'm entitled for the fridge to be fixed and the company is liable for renting a replacement while mine is being serviced, or buy a new one, if they prefer to.

The only thing that is making me go through all this trouble is the absolute lack of respect of the removal company... No e-mail, txt or phone messages getting replied since last week.

[ralf-nz]

The only thing that is making me go through all this trouble is the absolute lack of respect of the removal company... No e-mail, txt or phone messages getting replied since last week.

Write to the newspaper(s) in you area and copy to the removal company.