[mtdjed]

What are your realistic options if you have a service person damage an item such as an appliance to the point where it is scrap. Item was totally functional , but was being updated under warranty. Original purchase price was $2200 6 years ago.

Response to several requests are ignored.

Would seem that the common thought would be small claims court, but there are costs to initiate ($300). Then looking at the process, it appears that the process is too complex and time consuming for the average lay person. Getting legal assistance would cost more than the original loss.

[villagetinker]

Maybe a lien against the contractor, actually I would contact Seniors against Crime and the BBB and file complaints will both. These should be the lowest cost options.
Hope this helps.

[kkingston57]

Originally Posted by mtdjed

What are your realistic options if you have a service person damage an item such as an appliance to the point where it is scrap. Item was totally functional , but was being updated under warranty. Original purchase price was $2200 6 years ago.

Response to several requests are ignored.

Would seem that the common thought would be small claims court, but there are costs to initiate ($300). Then looking at the process, it appears that the process is too complex and time consuming for the average lay person. Getting legal assistance would cost more than the original loss.

In the best case scenario, repair person would owe you the depreciated or market value of a 6 year old appliance. These days an appliance might last you 10 years and they would owe you 40% of a brand new similar appliance. Might want to see what the repairmen might do for you.

[kkingston57]

Originally Posted by villagetinker

Maybe a lien against the contractor, actually I would contact Seniors against Crime and the BBB and file complaints will both. These should be the lowest cost options.
Hope this helps.

Seniors against crime? Appears to be a negligent repair person, not a crime

[mtdjed]

Originally Posted by kkingston57

Seniors against crime? Appears to be a negligent repair person, not a crime

As the OP I can say it was definitely negligence repair. My thought would be that the company that employed the workers would have insurance covering these type issues. The problem I see is that the company that provides the service will not even respond to my request for consideration.

[BrianL99]

Originally Posted by mtdjed

As the OP I can say it was definitely negligence repair. My thought would be that the company that employed the workers would have insurance covering these type issues. The problem I see is that the company that provides the service will not even respond to my request for consideration.

Most likely, uninsured or well below the deductible on his insurance.

[retiredguy123]

Do not pay in advance. Use a credit card. Then, you have 60 days to dispute the charge. If they don't accept credit cards, find another contractor. Even if they have an insurance policy, it is their policy, and you cannot force them to file a claim.

[mtdjed]

Originally Posted by retiredguy123

Do not pay in advance. Use a credit card. Then, you have 60 days to dispute the charge. If they don't accept credit cards, find another contractor. Even if they have an insurance policy, it is their policy, and you cannot force them to file a claim.

This was supposedly a no fee Warranty Upgrade, so there is no payment to withhold.

[BrianL99]

Originally Posted by mtdjed

This was supposedly a no fee Warranty Upgrade, so there is no payment to withhold.

There you go!

If was a factory upgrade, the manufacturer was paying for it and hired the contractor. The manufacturer is who you should be talking to.