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Counter drama- opinions pls
Hi ladies!
I need your opinion. About a month ago a maid company damaged my island (the counters were formica). They scratched the counters when scrubbing and now there is a big light spot. They sent out someone to see if the color could be matched, but they cannot match it.
The owner is only offering me a couple hundred bucks to forget it, or he said I could get a different color. I think both ideas are terrible. I said that he should replace all the counters then to match, since this wasn't my fault. He said if he runs it through his insurance, he has to pay a $500 deductible and his rates will go up (not my problem).
What should I do? Should I call the corporate office? Will that make a difference? I really don't have the time or energy to do small claims court and I don't have the $$$ to replace the other countertops.
I knew you ladies would understand because of course we want all our counters to match!!!!! Thoughts?
Re: Counter drama- opinions pls
i agree, too bad, not your problem.
is this not the kind of thing they have insurance for?
i don't know what to tell you. on the one hand, i think it's a little unrealistic to expect the company to replace all of your countertops and not just the island. if i were this guy, i'd wonder if i'm getting played for a free kitchen improvement.
on the other hand, it sucks that they can't color match the island and if i were you, i'd be pissed. it's not your fault and you shouldn't even have to be dealing with a problem like this. is there not a color you can get that will coordinate with the rest of your countertops, even if it's not identical?
sorry. that really blows.
You selected someone who was insured so that if there was an issue it would be fixed. It is not your problem if his rates go up. I'm sure you are paying more because you are using someone who is insured (rather than someone who is not) in theory.... you have already paid for the resolution to this problem.
You started with a matching kitchen and it is his responsibility to keep it that way.
If you dented someone's car and there were unable to match the paint, would it be ok for that person to accept that one panel of their car would be one color and the rest of the car a different color, I don't think so!
you are very right.
but, since i understands PP's input as well, i think i am going to ask him to do a butcher block counter. It may be an upgrade, but its better than doing all the counters.
Oohh..that's rough.
And as someone who counter drama of her own..I see where you are coming from totally.
His insurance isn't your problem.
That said, I'd ask for a bit more than a couple hundred and go get a fun countertop for the island..something better than formica. He'll probably give in as it won't raise his insurance and you can get something better quality. Butcher block, concrete..whatever you want.
I work for an insurance company (mostly auto) and I have a client who is dealing with similar attitude from a company when she ran over a ladder that fell off their truck (and couldn't avoid in highway traffic).
The fact is -- his employees were negligent and that's why he has insurance. Tell him he can give you the $500 and maybe you can do some butcher block or something that looks nice with the regular counters you have now and avoid paying out a claim. They damaged it, they have insurance so they CAN replace it, but he's pretty much trying to avoid the increase in premiums. I get it, it sucks, but that's why you pay the premiums.
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Ditto PPs. Butcher block or another complimenting material/color.
But, I really think he needs to be reported to the BBB and to his parent company. This just is bad business and really not fair at all to the consumer of his/their product. You pay for a level of assurance and care that when you have these people in your home that they will treat it with care and that if they make a mistake that they will assume responsibility. Did you sign a contract or agreement?
This is the approach I would take. Let him give you the $500 and his rates don't go up.
First of all, I doubt very highly he has to pay a deductible for a 3rd party liability claim. He's confused. He would have to pay the deductible if he was filing a 1st party claim for himself or one of his employees. Second, even if he files a claim there's no guarantee his rates will go up. They might, they might not. Either way, not your problem.
Send him a certified letter giving him 5 days to agree to replace ALL of your countertops (or just the butcher block if you're okay with that. I would still want all the counters though so they can match) and let him know if he doesn't you will be reporting him to the BBB and his parent company. If you go through his insurance, they will have to pay for all the counters because they have to indemnify you, meaning put you back in the exact same place you were before. If you had matching laminate counters, they cannot make you accept a badly patched counter of a different color, because that violates the principle of indemnification.
If his insurance company is a real jerk, they might tell you to file a claim through your homeowner's insurance company and have them subrogate against them for reimbursement. DO NOT do this. One, I can almost guarantee they will not cover it. Two, on the teeny tiny chance that it's not excluded by your policy, you will have to pay your deductible since it's a 1st party claim, and there's no guarantee they will be successful in their subrogation against the maid company and you will be out your deductible PLUS have a paid claim on your record. Not worth it.