Holiday Complaints

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Hope you have your receipts for all phones,cameras,ipods,gameboys, as i think you will need them as proof for your insurance claim.
We always insure so we would get new for old.
Also not sure you can claim on the two insurance policies.
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Starts Bright

So sorry to hear about your holiday, however I am assuming that you and your family were unhurt and that is the main thing.

I can't see there being a problem claiming on both policies provided that the two claims consist of different items on each. I would give it a go with the policies you have at the moment and providing you can get estimates to replace items like phones, I Pods etc to send with your claim original reciept should not be needed. Regarding the wear and tear deduction on clothing, I am sure you posted that you was buying all new clothes for the family holiday :wink:
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original receipts will be needed.As these will be proof of goods claimed for.
The only way you will ba able to claim of two different companies is if they split the claim.
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Your problem is one that requires specialist advice. You are trying to claim from two insurance companies for one incident. That is always tricky.

Perhaps it would be worth your while to contact - Ros Fernihough, Travel Law Solicitor, who has assisted many members of HT

Ros has offered our members free impartial legal advice. Please note that Ros does not read or post on this board any contact to her must be made via :-

Tel :- 01922 621114


If, as you say, the fire was due to a fault on the boat then the company from whom you hired will be claiming on their own insurance. Your loss would - in my opinion - be classed as a consequential loss and should be covered by their insurance company. I suspect that they are trying it on.

Understanding insurance policies is difficult at the best of times. In each case there is a limit as to what each may accept. There is also a possibility that you may not in fact be able to prove your claim to their satisfaction and they could refuse to pay. I also think that if they do accept your claim they may wish to try to recover their costs from the owners insurance.

I do not doubt that the value is £4,000 and could in fact be more - without trying to claim more than you truthfully should. I suspect that if most of us sat down and costed up our worth we would get a surprise.

Take professional advice and ensure you are not out of pocket.

fwh
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Thanks for your replies. I have already asked one of the insurance companies about climing from them both and they said that I can so that as long as I list which items I am claiming from each company. I will certainly phone Ros tomorrow and get her advice
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I suspect that if most of us sat down and costed up our worth we would get a surprise


Quite right fwh. I did a room by room check of my house about three years ago and was mildly suprised to note we had more value than was covered......so I increased the cover accordingly.

stars_bright mentions the cost of approx. £250 for a contract phone. This is generally an overpriced item and a replacement could be purchased for a lot less, allowing you to continue with the contract until its termination. Insurance should have been obtained at the outset for the phone.

Claiming from two insurers for one incident could fall foul of subrogation rules. Not only would I list the items being claimed but I would ensure any one item is ONLY claimed from ONE insurer. Before claiming anything I would check with a legal expert what your options re. claiming from the hire company may be.
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I have been in touch with the legal helpline on my house insurance and have been advised not to claim on my insurance yet but write to the holiday company with a list of the losses and ask them to refund the holiday cost and the losses. I did take out insurance on the phones when i first bought them but when I looked at the policies there were so many exclusions that i decided it wasn't worth having as they were covered on the house contents anyway - little did I realise that I might be under-insured. I will certaimnly be uncreasing my Personnel Possesions limit!
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Thanks for the update. I would agree with them. This is not an ordinary insurance claim.

The people from whom you hired the boat have "a duty of care" with regard to their equipment - in this case a boat.

Fortunately you and your family are safe.

If you had been injured then you would not be claiming against your own insurance you would be doing so against theirs.

My own personal opinion is that they are liable and are just trying to fob you off. Please take advice on this and do not let them off.

fwh
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Thanks for your replies. Ros is poorly at the moment but the legal advice on the house insurance have advised us that as well as seeking a refund on the holiday and for your damaged property, we should also claim for the loss of enjoyment of our holiday, the trauma to us and the children of having to abandon ship and see it and our property go up in flames, the fact that our lives were in danger the entire time we were on the boat, the time & stress of dealing with the aftermath - replacing all our goods etc. The solicitor said that the amount we should clai for this is etirley up to us but i have no idea what we should ask for, anyone any ideas?
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How about:

The replacement cost of all items lost in the fire.
The full cost of the holiday
The after-tax loss of earnings for the period of your holiday - on the basis that you will need to rebook another holiday and may have to take unpaid leave of absence.

That just leaves the amount you consider reasonable for inconvenience, distress etc. Ask yourselves how distressed were you during the event. Bear in mind there's probably no malicious intent on the part of the boat owners/hirers but also ask them to confirm in writing that they have inspected ALL their other boats for similar faults/problems. Only you can then decide this final element.
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