Hi,

When we changed flats into a clean new apartment, the moving company made 2 scratches on the floor. We only witnessed 1 scratch and discovered the second one when the company had already gone. We reported the incident the next day.

Now the moving company refuses to pay the damages to repair the floor. We have tried to negotiate with letters, but this is leading nowhere. Any suggestions?

Thanks!

Out of interest, what sort of damage costs are involved?? Insurance?

The cost is about 2000 CHF, which is about 2/3 of what we paid for the move and cleaning of a 65m^2 flat). This does not include of course, the hours we spent writing them letters, getting quotations and the time we will have to spend at home while the repairs get done, the cleaning, etc...

If I filed this as a damage I made myself to my insurance, that would be fraud, I think. Since they are so reluctant, I am starting to have serious doubts on whether this company has an insurance at all.

With all my moves with professional movers here they always made me buy insurance from them. So maybe they were not insured.

Your 3rd party Swiss insurance will pay, usually minus the first CHF 200 of the total damages. So I would recommend you patch up the floor with shoe cleaner or paint, and claim all the repair costs when you move out.

How can the OP claim when moving out...surely the insurance company would reject a claim for damages done x years ago ?

Well... they were supposed to be professional movers, at least they charged as such!

This said, I already called the insurance to ask for help, so I would get into trouble if I claimed this in the end.

Paint sounds like a good patch, thanks for the hint!

But I would really like to get this repaired since the apartment is new... is it possible that in such a regulated country the company has no obligations for the damages they do whatsoever?

Yes, it is entirely possible. Welcome to the land of caveat emptor, selber schuld.

What did the contract you signed with the movers say about damages and about insurance? Did you check to see if the movers were indeed insured, and what their liability policy was? Did you check the moving company's AGBs?

Go through the contract you signed with the movers with a fine tooth comb.


You can likely end up claiming this on your Privathaftpflicht - even though the movers did the damage you are ultimately responsible for the state of the apartment - and your insurer then would likely go after the movers. Best to let them handle it.

Good luck!

I checked the agreement, but there were no details about anything; just that they were moving the things, packing the kitchen and guaranteed the cleaning of my old flat.

I am clueless about the AGB (terms and conditions?) in this case.

My liability insurance said they would not cover for the damages if I did not inflict them. Plus they said they would not deal with them either. Should I get a lawyer then? Any recommendations?

If the recent damage had not been mentioned to the insurance company, it would have been possible to pass off this damage as your own, and make a claim when you move out, just as most of the rentals in Switzerland do.

Would the OP Maca please "recommend" this moving company so we would all be informed about their "excellent" after sales service?

Oh, you are recommending fraud. OK, understood and I will bear that in mind when reading other information / recommendations from you

Personally I have never defrauded an insurance company, but thank you for the big insult.

Actually, I am not sure that claiming it on the liability insurance when you move out IS fraud. The liability insurance for renters is for damages happening to your accommodation while it is in your care. If there is damage to the walls, cigarette burns in the wooden floor, etc. nobody will be asking you who did it and then tell you that you should go and get the money from them. The fact is that it was damaged while in your care and that is what is covered by the insurance. In this case the damage was caused by the movers. They are disputing it and saying that it wasn't them. If you didn't actually see them cause the second scratch then (purely theoretically) it could indeed have been caused by you.

Now, if the mover's insurance were to pay out and you claimed again from your own insurance when you moved out...well that would be fraud.