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Professional Advice

Foro seguro de hogar: pedrisco ha dañado tres persianas

Antonio H.

Hi everybody, I have a problem with my home insurance as hailstone has damaged three blinds that I have on the facade and when I claimed against the insurance I was given the option to repair them or to receive compensation. I chose the second option and they said they will come to assess the damage. 3 days later a fellow from the insurance came (I think he was the assessor) and took measures of blinds but after 5 days they call me telling me that they want a date to repair the blinds. the next day I called to tell my disagreement because they gave me the option to compensate me and I chose that option. Now they say that they already prepared the material and therefore I have to repair with them and not all blinds but the only slats that are damaged very strong, because they are 5 years old and have lost color with the sun.

My question is can I do something with this mismanagement of the claim? What if I make a complaint against the Consumer´s protection act?

Thanks in advance

Moderator, Sergio Sanguino

Dear Antonio,

You raised several issues to resolve.

The first one we understand that concerns whether the Insurance Co. can send a repairman to your home although you prefer compensation for damages. In this case I must tell you that the Insurance Contract Act provides that the insurer’s obligation is to compensate the existing damage, and paragraph 2 of Art. 18 of the Act provides that “when the nature of the policy allows it and the if the insured consents, the insurer may substitute the payment of compensation for the repair or replacement of the damaged object”

That is, you can refuse their reparation of the blinds and demand the compensation.

The second question to be resolved is that the Insurance Co. offers to repair the damaged slats only rather than to replace the blinds. In principle this is correct, but if as you said you notice the different tones between the old slats and the new (obviously they were subjected to the effect of sun, rain etc.) please look if your policy includes the warranty of aesthetic damage (it is usually) and claim compensation for the replacement of the complete shutters.

Aesthetic damage coverage points, ” it will also be covered, up to the limit of the sum insured for the purpose, the cost of repair or necessary replacement to achieve aesthetic coherence exactly as before the occurrence of the accident” as it happens in your case.

Finally you can make a complaint against the Consumer´s protection act, and should the claim does not fulfill your needs, the best in our opinion is that following the provisions of the Law on Insurance Contract, you name a particular assessor and then notify the Insurance company.

I hope this helps.

Kind regards.

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