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Original poster

Claim against me whilst on holiday

25 replies

ptarmigan · 31/05/2006 20:13

A couple of months ago we were on holiday in Europe. Whilst in a restaurant, I accidentally upset a wine bucket over a camera that was dangling (unprotected) from a pushchair next to our table. We gave the other party our address, but have heard nothing from them till now.

60 days after the accident, they have written a letter in what reads like legalese claiming damages for the camera(£600) a report from the camera maker(£200) and unspecified damages for inconvenience, etc.

If they had got in touch sooner (within 28 days) it seems that we would have been covered by our travel insurance, but I haven't been able to get through to the insurance helpline tonight.

I think they are taking the piss...it must have been obvious immediately whether or not the camera was working, so why leave it so long to claim? Why not claim on their insurance, or their house insurance. I'm happy to admit that the accident happened,but I'm blowed if I'm going to stump up over £1000 for this.

Does anyone know where I stand? Can I make a claim later than 28 days if this is the first I've heard of it, and if not do they really have a claim against me personally, given that it is likely that either their house insurance or travel insurance woould have covered it.

OP posts:

Original poster

ptarmigan · 31/05/2006 20:14

btw, have changed my name in case the other party is a MNer- with 2 kids it seems possible!

OP posts:

morningpaper · 31/05/2006 20:16

Bloody hell that's really out of order!

Totally taking the piss, I agree.

Is it actually from their solicitors, or from them? Do you think they are just having you on?

foxinsocks · 31/05/2006 20:16

do they have witnesses?

Whizzz · 31/05/2006 20:17

and would you relaly leave a £600 camera dangling from a pushchair - I think not. You get an awful lot of camera for £600 !

Original poster

ptarmigan · 31/05/2006 20:18

no, not from their solicitors. Printed on cheap computer paper, probably from home pc! The letter is dated 22nd May, but was only posted yesterday.

OP posts:

Piffle · 31/05/2006 20:18

they should claim on their bloody insurance and you pay their excess
thats what we did when someone knocked me over causing me drop the camera and break it beyond repair.
Are they Uk based?

Original poster

ptarmigan · 31/05/2006 20:20

don't know if they have witnesses. They don't say so, but it's possible. Restaurant was in a well-known international resort, not far from here.We left rather hurriedly!

The camera was not in a case, it was just dangling from the pram. It was a camcorder, so may have cost that much- I don't have one so have no idea what to expect

OP posts:

nicnack2 · 31/05/2006 20:20

i would ignore the letter. we had a problem like that our son was alledged to have broken a MP3 player, no witness and the father threatened us with legal action through the small claims court. we ignored the letter and didnt hear anything.. i think they are tkeing you for a ride. anyeay it was an accident, they should have accidental damage. sounds like they want a new camera.

Freckle · 31/05/2006 20:21

If you are prepared to stump up the £600, then do so. Explain that, if they'd contacted you immediately with a claim for a replacement, you would have paid and it would not have been necessary to involve the camera maker, etc. They need to provide evidence of their loss due to inconvenience, etc.

Also, contact your travel insurers and put the claim to them on the basis that this is the first you know of it. Check the wording of your policy too. It may be that, if you were aware of a potential claim, you were under an obligation to notify them of it whether you knew the specifics or not.

Original poster

ptarmigan · 31/05/2006 20:21

my insurance doesn't have an excess for third party claims, I would have been happy to claim, but can't, it seems.

OP posts:

Original poster

ptarmigan · 31/05/2006 20:23

actually, now they've pissed me off, not sure I want to pay the £600, either!

OP posts:

foxinsocks · 31/05/2006 20:30

can't see why they've left it so late

if you have no 3rd party cover, I would leave it and see what happens

perhaps they have tried to claim it on their insurance and found they couldn't or had no insurance themselves

Original poster

ptarmigan · 31/05/2006 20:35

I did have third party cover on the travel insurance. Have read the policy document carefully, and all is says is, "if you want to make a claim, please obtain a claim form from XYZ within 28 days of your return". It doesn't specifically state that claims outside that timescale won't be considered. Clutching at straws, here, obviously!

OP posts:

LIZS · 31/05/2006 20:38

Ther travel insurance may have a limit for valuables so perhaps they couldn't make a claim. Seems very odd to leave it so long though. Do they substantiate the value of the camera and the evaluation with invoices, preferably dated ?

Original poster

ptarmigan · 31/05/2006 20:43

no substantiation, so far, but surely they wouldn't expect me to cough up that amount of money just on the strength of a letter. If I have to pay I'm CERTAINLY getting receipts, etc.

I'm sure the "quote" from the camera co is a scam as well- £200 for a report, up front, of which £120 is refundable if the camera is not repairable.

So I get a choice, pay £200 plus the cost of repairs or £80 plus cost of new camera a in addition to whatever they think their "inconvenience" is worth.

OP posts:

SenoraPostrophe · 31/05/2006 20:46

totally unreasonable to leave it so long. my neighbour did this over a car insurance claim (I had 2 weeks to claim as it was a hire van and told him so. he brought the quote round after 4 weeks).

anyway how does a report from the camera maker cost 200 quid? they are tryiong it on - i am sure of it.

lastly - you know that accidental spills don't usually kill cameras don't you? once they've dried out thoroughly they usually work again.

Freckle · 01/06/2006 09:06

They have a duty to mitigate their loss. They haven't done this by commissioning a report before even attempting to find out whether you would pay for a replacement camera. Also, if they have insurance cover, they are obliged to claim against that (it is then down to the insurance co. to chase you if they feel you are liable). This is all part of mitigating your loss, i.e. keeping it to a minimum.

If they letter is just one they have printed off their computer at home, it is clearly them chancing their arm that you will cough up.

If you reply, be careful not to say anything which could be taken as an admission of liability or agreement to pay what they are demanding.

Original poster

ptarmigan · 01/06/2006 09:19

thanks freckle,

luckily my insurers, so far seem to be happy to accept he claim (well, they are sending me a claim form, and haven't laughed at me!). I feel I should reply to their letter , at least to say that it's now in the hands of my Insurers. Should I leave it at that?

OP posts:

Original poster

ptarmigan · 01/06/2006 09:20

btw, they haven't commissioned the report yet, they have just told me that £200 is what Sony would charge for the report.

OP posts:

nicnack2 · 01/06/2006 09:31

maybe a note with ur insures details. i take it ur insurers are going to do all the leg work. i wouldnt get into a dialogue with them and dont admit liability. if it is a scam then they may stop once they know you have gone to the insurance people.

Freckle · 01/06/2006 12:29

I would send them a letter stating that you have passed their letter to your insurers and that all future contact should be with them.

That way, if they are upping the claim or coming it with the cost of the report, your insurers can burst their balloon. Your insurers may even want to see the camcorder if it is claimed that it is beyond repair.

Original poster

ptarmigan · 01/06/2006 12:38

Thanks freckle, that's what I've done, pretty much. Said "the matter is with my insurers, who I'm sure, will be in touch with you in due course".

OP posts:

Kelly1978 · 01/06/2006 12:45

I'd be willign to bet that they were contributionarily negligent in leaving the camera dangling over a chair too. Between that and the duty to mitigate their losses, even if you were found liable it wouldn't be for anywhere near the amount they are asking for.

Original poster

ptarmigan · 01/06/2006 12:59

thanks, kelly

OP posts:

hovely · 07/06/2006 15:31

saw this a bit late, but just wanted to add - do any of your insurance policies (travel or home contents or even car) include legal expenses cover, if so it may extend to claims against you which are not connected with your car, house etc, so you could pass the whole thing to the insurers to sort out.

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