Insurance Claim on someone's negligence?

[teach106]

Had carpet cleaning service crash a table into my 25gallon reeftank (nanocube).
I read of the horror stories, my 25 gallon size minitank doesnt seem so bad now. My home wasnt wrecked, just my pride and tank.
It cracked, leaked, but probably only 5 gallons lost to the floor, and onto the ballast which went up in smoke. So no light.
I transfered half of my LR to a 20 gal spare tank and covered it with a fresh 5 gallon of new saltwater, and some of the old saltwater. I also threw my fish and corals into it. Thats what the LFS said to do. Water is circulating and warm. But parameters are probably out of whack, and who knows what the shock did (disturbance of nitrates from sand, then moving containers, then new water, cold water, etc).
Does anyone have any experience with this where its a businesses fault? The business is having their insurance call me and starting a claim today, but what can I expect? Will they buy strictly the tank and ballast, only concrete items truly broken, or will they cover the other loses, (ie 25 pounds of liverock, corals etc). And what about the losses that come in the days to wait? Who knows how long before I can get a check to buy a new tank and light.
I dont know what to do, but I want to throw in the towel and call it quits. Am I going to get paid for the live items Ive lost? Do I take the business to small claims to cover the losses that are as a result of the tank bust? Do I try to save things?
Thanks

 

[evanjah]

from experience at my job if I were to break something, my boss offers to pay to get it fixed. Thats just good business, was the company a well known one? Yes it would be their fault though, but at the same time If they dont pay for it is it worth pursueing?

 

[fishstick4sale]

they will only pay for damages, your tank and whatever was damaged with it. your carpet if its beyond repair but they cant buy out all your hard work sorry to hear, might have to take to small claims for corals and LR and stress and stuff like that. but for now try an get everything you can from their insurance. tell them what you have lost and if they say they will only cover tank and whats been damaged and no livegoods. then u decide is it worth going to small claims.

 

[meowzer]

Are you kidding!!!! I would be all over them...They would be replacing the tank, re-cleaning the carpet, AND replacing ALL that was lost! Now and Later...You have to make sure that you explain to them that there may be damages resulting from this at a later date...ALSO that you need a new tank FAST to try to save as much as you can...but do not close the claim until you know for sure that all will be ok.

 

[fishstick4sale]

 

[meowzer]

Originally Posted by fishstick4sale
http:///forum/post/2983661

WATCH IT

 

[tinydove]

I have to say I agree w/ Meowzer. They are responsable for all total loss. Tank, lights carpet and any and all live stock. They will not be responsible for your work and time but for any $s to make the tank the way it was or the value of the set up at the time which includes your live stock and LR/LS, your stock is property and if anything dies as the result of the company's actions that is included in the total amount of damages.
Figure out the total cost of everything you had and see if thier offer is close to it, if not DO NOT SIGN ANYTHING!
Sorry for you loss, good luck Hon.
PS Just love the pic Meowzer, perfect reply....LMBO

 

[culp]

for some reason i do not think that you (Meowzer) like the drinking coffee smile face.

 

[teach106]

thanks for the post. Im sitting here playing the image over and over again, crack! Ugh. sucks.
I talked to my insurance agent to get a feel for what I could expect. She said its all a result of one action, their action, and it should be covered. Some insurance policies for homes include furniture items, ie, tank, light, etc. And that livestock can be tough to cover, however, since its negligent action on the businesses part, it should, (should) "should" be covered. Im already feelign the headache, its noon here and still havent heard from the agent, and when i talked to the business owner he said he left a message with the insurance agency. Man, I want to assume people are good and own up to misstakes, but I don't see this going well. And im going to have to freeze a bunch of corals as they die off, and pictures of live rock. Can you imagine explaining the whole system and all to someone who knows nothing about saltwater, AND they are an claims rep! no offense to claim reps out there.
honestly.

 

[meowzer]

Good luck, BUT I would also document EVERYTHING you have to do...I would list it in the claim..even though you may not get reimbursed for your labor...SOMETIMES you will
JUST be sure to Document EVERYTHING in detail..Be PERSISTANT

 

[vampofvegas]

Wonder if you can get a tank maintenance company (or LFS) and see if you can get a quote from them on setting up the new tank and tearing down the old one. Doing so to be able to add that to the cost of what they owe you in lieu of your hard work of setting up the new tank yourself. In the process getting you a little side cash (hard work money) to pay for some new stuff.
Car tuners do this to be able to get new parts for their car during an accident claim. Instead of buying high priced OEM Dealership parts, buy used replacements or new aftermarket parts that are MUCH cheaper than OEM prices.
So now after everything is said and done you might be able to find a tank on craigslist or somewhere used or close to new for much cheaper than what the original one was. Then you'll have left over money from the tank money to add to the tank (or new larger tank) and "hard work" money for what ever else you see fit.
on the plus side.. atleast the company was insured.. you would of been f-ed if it were just a fly by night place.

 

[flower]

Originally Posted by meowzer
http:///forum/post/2983660
Are you kidding!!!! I would be all over them...They would be replacing the tank, re-cleaning the carpet, AND replacing ALL that was lost! Now and Later...You have to make sure that you explain to them that there may be damages resulting from this at a later date...ALSO that you need a new tank FAST to try to save as much as you can...but do not close the claim until you know for sure that all will be ok.
I agree! 100%
Replace everything and show receipts. Do not settle until you are sure of all your loses. You can't get anything for your hard work and time, but the carpet can be cleaned and the tank, lights and livestock can be replaced. The stand has been compromised by getting so wet, replace that as well.
Then stall for time to make sure your surviving fish make it to the new environment. They may want to settle fast, don't do it. Wait and make sure all your ducks are in a row before settling. You can't settle in pieces, you have to have a total. Once you sign you are done.
Pictures will help too, I hope you took some.
Sorry for your loss.

 

[teach106]

Thanks everyone, you guys are great with your ideas and suggestions. I think we all agree document everything!
Vamp of Vegas I really liked your idea about a quote. I have to check into that to see if that would be an option. I have heard that insurance claims will want three quotes. That would be a great one. Sure beats the prices of me trying to piece together everyhting. You know how we all buy things and shop around for value. Well when your polyps go from 1 to 8. You cant just replace that with the 10dollar sale item and call it good.
Update. I did get a call from the business owner, he said the claim had been made and that the insurance company will contact me in the next few days. I would have been mad about that before, but at this point im shrugging my shoulders, what can I do? Nothing. So Ill sit and freeze anything that dies off, and honestly the couple days will just help sort through the mess.
Thanks again.

 

[bmkj02]

I work in commercial insurance and have to say this carpet business are idiots. They should of paid the expense right away rather then filing a claim. Reason 1 - deductible is probably $500 so the insurance company will pay you and then bill the carpet company for the deductible which was most likely less then $500 IMO. And now they have a claim on their record for the next 3 years haunting them.
Reason 2 - The waiting period you have to go through which can cause more expense rather then paying for it right away
Reason 3 - Bad business.
Basically at the end it would be the carpet company paying the expense not the insurance company as the insurance company is going to bill them for the deductible. Too many steps rather then taking care of it right away. Hey we all know how long insurance companies take. Some fast some slow but not fast enough. Please let us know the outcome at the end of all this. KEEP RECEIPTS of EVERYTHING including any time spent and do what VampOfVegas said and get quotes. Sorry for your horror story.

 

[teach106]

Well here I am three weeks after the incident. Update incase your wondering...
Incident happened tuesday. I called the business owner (also gentleman who hit the tank with teh table) and he said he called and submitted the claim, and that I should be getting a call.
By thursday I hadnt recieved a call, AND he was supposed to come back out to put the carpet back down. He didnt show up, wouldnt return my messages.
Friday I called, MOnday I called, Tuesday I left a final message stating I was filing court papers. Miracle. Half hour later Insurance called me.
Mind you by now its been a week and most of my corals were dead (no light, ballast shot, and chem balance starting to suffer). Fish were okay, live rock bacteria, eh... not so much.
I called insurance guy back, this is now wednesday mind you. He leaves a message while I am at work... he is leaving for vacation when he gets back he will deal with this.
THREE weeks go by.... Now everythign is dead, fish, live rock, sand, corals. Its toast. I have three estimates, insurance has received them and I am waiting to hear what happens with coverage.
Get this the guy says yes he is familiar with saltwater tanks, and then asks why am I replacing the rock? Isnt the rock reusable? Um let me teach you about live rock buddy. Not that everyone should know, but dont come off like you know what you are talking about.
Anyway, thats the latest. Tank is shot, everything is either in the freezer, or in a bucket in the garage, and I dont have a dime.
Costs went from 500 for the tank to now $1600 for replacing everything.
We will see how the insurance handles it. I swear whatever they dont pay, Im taking the guy to court for the rest. Im ticked now.

 

[t316]

Good for you for sticking up to them. No need to stress yourself out over it, you can still be firm, but BE NICE

I think they will end up paying you. And in the cleaning co.'s defense, he really did do his part by calling it in to the Ins. Co., so fussing him out won't do a lot of good. I'm sure all of this is a hassle, but best of luck to you...

 

[bmkj02]

Whats the status on this?

 

[fau8]

?????? I think I would have just purchased a replacement tank and filed a claim to be reembursed for the $500. Expecting them to foot $1600 at this point seems a bit much. Hope it woks out... Why would you not take action to save your live stock and other items once you realized this wasn't going to have a quick resolution.

 

[adee]

I would love to hear an update!! I hope you had a good resolution before we see you on judge judy or something.

 

[oceansidefish]

Originally Posted by fau8
http:///forum/post/3029996
?????? I think I would have just purchased a replacement tank and filed a claim to be reembursed for the $500. Expecting them to foot $1600 at this point seems a bit much. Hope it woks out... Why would you not take action to save your live stock and other items once you realized this wasn't going to have a quick resolution.
I agree....They will pay for what the immediate damages were...But you have a responsibility to mitigate your damages in a situation like this. Which means buying a new tank and light to put everything into and worrying about the payment later... This almost sounds like you were trying to get an easy out from the hobby sadly.