My jewler chipped my diamond!?

Question

By mistake when I took my diamond into be serviced, I noticed the next morning it was foggy. I took it back to the jeweler to show him and he noticed it too. He was not the one who serviced the ring, but one of his workers. He took his loop and studied the diamond, which he knew quite well from previous work done on my ring, and noticed that the corner of my 2 carat trillion had been chipped. He said he would make it perfect again, but I wouldnt have it for the holidays. He called me today and said the diamond could not be repaired back to its glory and that I needed to come in and sit down with him to decided what we need to do. What should i expect from him? I didnt buy the diamond from him, just the setting. I do have insurance on the diamond, should I contact my insurance agent? What about the sentimental value of my original diamond, doesnt that count? Help please!
p.s.
this is a high end one owner store.

The service call was to tighten the prongs. The diamond was loose.

The diamond is valued at over $17000.00 it is a colorless, si1

My husband is actually an attorney, previously a prosecutor. If this helps any.

The jeweler did say he would replace my diamond (but made me feel bad about it and didnt stand to shake my hand when leaving), but with all the negativity i feel toward this whole incident I just want to start with a fresh stone from a fresh jeweler. I want a postive feeling when I look at my diamond. I contacted my insurance and am filing a claim so I dont have to negotiate with the jeweler. The insurance will then sue his insurance company for the money they were out. Im actually happy for the first time in about 3 weeks, this whole thing has made me sick to my stomach. Im going wholesale this time and going larger for the money. thanks for all the responses but i can only go with one.

Answer 1

that is tricky, i would contact my insurance because once a diamond is chipped there is nothing you can do, i dont know what he wanted to do with your diamond over the holiday because all he could do would be fill it, and that will diminish the value just as much as the chip. if you didnt purchase the diamond from him and he was just cleaning it then he isnt liable, but if they were doing work on the ring then im sorry to say they are liable and much replace your diamond.

Answer 2

If we assume that the chip was not the result of any special act of negligence on the part of the jewler, it is unlikely that you could recover the full replacement value of the diamond through a law suit. This is because there is always a small risk when submitting jewelry for service, even by an expert, which the customer accepts. (Although this may not be a safe assumption -- diamonds are pretty darn hard).

Your insurance company is certainly the first phone call to make. The jewler will almost certainly have insurance of his own. Your insurance company will speak to his insurance company, and a settlement will be reached.

Your diamond is only insured for actual value. Therefore, what will most likely happen is that the damaged stone will be appraised by a neutral appraiser which both insurance companies can agree on. This appraisal will be compared with the original appraised value of the diamond, and you will be compensated for the difference.

The legal world doesn't care about sentimental value, unfortunately. If the jeweler *was* negligent and you could prove it (which is a long shot), and you have sustained material damages above and beyond the amount covered by insurance (remounting costs, etc.), then you might be able to recover these from the jeweler as well.

P.S. Regarding spreading stories about the jeweller. I advise you strongly not to do this. The other poster is absolutely correct: Such damaging stories could indeed destroy their business. The jeweller may take such a threat very seriously, and so does the law. If you publish or otherwise intentionally and maliciously distribute information to the effect of the jeweller being incompetent, knowing that the effect of these stories is to destroy, diminish, or otherwise interfere with the ability of the jeweller to do business, the jeweller can sue you for: (1) slander and (2) tortious interference with business relationships.

Once you have been hauled into court on these complaints, you will be forced to prove the factual accuracy of each and every statement you have made. This may sound simple, but if the plaintiff is mad at you, they can drag it out until it costs you far more than $17,000, and that is providing that you *win.*

Second, you may or may not be entitled to the replacement value of the stone. It really does depend on why the stone cracked, and what the jeweller did to make it crack.

Answer 3

You are both insured, so work it out using that. It seems the jeweller understands you are entitled to a full replacement, so sit down and talk. The sentimental value does not come into play for the insurance, only the market value.

Answer 4

Please listen to me. This is what you must do. First, they have damaged your diamond. Diamonds CAN be damaged. They are very hard--but very brittle. Second, you will demand without anger--but without question--the full value monetary of that diamond---or-- have them replace it with one of YOUR choice which is of equal value. Anything else is NOT acceptable. If they argue, or refuse in any way, you must let them know that you will go fully public with the evidence and destroy their reputation. Accidents DO happen, and you must accept this. But they are required to replace with equal value the stone--including any work associated with the setting. This is your right. And nothing less should be offered to you. It sounds like your jeweler is willing to play ball. He has admitted that the diamond is damaged. Tell him the only answer now, is to replace it with a fully equivalent stone...or cash value of the stone, so you can buy it elsewhere. I am sure it was a horrible accident. So try to be patient. And I think he will make good on it. You may even end up with a better diamond! Stay cool. Know your rights. Be prepared to demand what you deserve without hesitation, if it is not offered to you. And finally, make good on your threat if they do not take care of you. A story like yours could virtually destroy their business overnight--and they know know it. Now you do too. Good Luck. I'm sure it will all work out in the end.

Answer 5

I am truely surprised that a high quality diamond could have been chipped in servicing. What did you have done?

I don't believe that you can insure for sentimental value. If your insurance agent can settle this amicably, you should accept the deal.

Answer 6

Each party carries insurance - give them a call.

Answer 7

This is a tough call. You do need to go and sit down with him, with your original appraisal, and make a decision as to what to do. Most likely, the stone will have to be replaced through your insurance policy. Please understand, he is not offering to repair or replace your stone because of the chip - trillions chip extremely easily, and there is no way to prove that the chip happened while in his shop - you could very easily have knocked your hand against a wall, or bumped the ring into something, and chipped the edge yourself. He is looking at the "fogginess" of the stone - generally something seen when the bench jeweler uses too high of a heat in the process of repairing your prong. Regardless, you will most likely be getting a new stone, after your insurance company has contacted the jeweler, gone over any appraisals, and makes a decision to how much it is worth to get it replaced.
As long as the jewelry store goes along with the insurance replacement value, you have no legal reprecussions at all - and if you were to try to spread nasty stories about the quality of their service, you could very easily be sued yourself. Play nice, and be happy you're dealing with a respectable jeweler who is willing to help you replace your stone.

Answer 8

how the hell do you chip a diamond
they are one of the hardest stones on earth