law on replacement cost of the damaged goods is reduced pro rata to its normal useful lifespan. is this true?

Question

My vinyl flooring was damaged by an engineer whilst fixing it.The abstract below is taken from a letter sent to me. Would this stand up against me in a small claims court, or could I expect the full price of the vinyl flooring, from lowest quotation submitted? could you back up your answer with evidence?

With regard to your flooring claim, all settlements are made based on the Insurance Lawn Indemnity, where broadly speaking the replacement cost of the damaged goods is reduced pro rata to its normal useful lifespan. It is always my intention to see that our customers are treated in a fair and reasonable way and that they get value for money and I think that if we follow the guidelines set down by the law, we will achieve that aim.

Answer 1

yes this is standard for most insurances
its best to check that you get a policy that states new for old in case of damage, fire or flood and even then there can be limits, eg if you have a stero/tv system worth over that limit they will not replace it unless it is insured separately......is all in the small print.

You might be better off checking if the engineer had public liability insurance which most workmen should have just incase of such an incident and claim off of his insurance.

Answer 2

I guess I would say it depends on what they claim as the useful life of the flooring is (I'd say any where from 10 to 20 years, but you could check with a supplier for their estimate) and how old your flooring was. If it was old and at the end of it's useful life, then this might be an acceptable resolution. If it was pretty new and you would normally be many years away from replacing it, it doesnt seem fair for you to have to bear the costs of part of the new floor.

Answer 3

:):) if he damaged it he is responsible for the damaged flooring , and ther repair bills. If it's enough to hire a lawyer he'll settle out of court. If not just take a chance on the cost of taking him to the small claims court. His letter is admission of guilt.