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Old 25.07.2017, 19:39
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Hello all,

Last week we forgot to close the 'Sonnenstoren' on our balcony and it was ripped off from the ceiling by the strong wind. From reading similar threads I understand that the insurance company (I have household and liability insurance) won't pay for it as it is our fault, so we would have to pay ourselves. Is it correct? If it was closed it would have been the liability insurance?

Do I have to pay the full bill or I can argue that since it has been in use for x years, I would only pay x/N where N is expected lifetime? I found few sources where it says that the fabric should be good for 15 years and the belts? (Gurten) for 8 years.

Currently my landlord contacted the company who will do the repair/replacement and wrote me that he will forward the cost to me. Should I reply that I am willing only to pay this fraction? Who should cover the installment costs in that case?

Thanks in advnace

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... or I can argue that since it has been in use for x years, I would only pay x/N where N is expected lifetime?
I meant to say: (N - x) / N. I think it is in use for 10 years, so say 5/15 of the price.

Last edited by 3Wishes; 25.07.2017 at 22:58. Reason: merging consecutive posts
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Old 25.07.2017, 19:59
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Re: Broken Sonnenstoren because of the wind

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I meant to say: (N - x) / N. I think it is in use for 10 years, so say 5/15 of the price.
I'd say liability insurance pays (minus the deductible - "Selbstbehalt"). If you are a tenant (the thing doesn't belong to you).
The fact it's been used will probably be sorted between your insurance and the owner.
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Old 25.07.2017, 20:00
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Re: Broken Sonnenstoren because of the wind

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From reading similar threads I understand that the insurance company (I have household and liability insurance) won't pay for it as it is our fault, so we would have to pay ourselves.
Why not? It's your fault, you're liable, your liability insurance should pay. Unless the case falls under some exclusion clause in your policy
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Old 03.09.2017, 21:22
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Re: Broken Sonnenstoren because of the wind

sorry can't help, but can you share your experience here, whether you have to pay in full, or do you manage to bargain with the landlord to pay for the remaining expected lifetime?
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Old 03.09.2017, 21:54
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Re: Broken Sonnenstoren because of the wind

Here we have been told that the building insurance only pays out if it happened whilst it was closed. Whether this is true or not I don't know, but it is written in the house rules.

Nevertheless our neighbours flat has this sun-shade thing fully open a lot of the time, even when there is no sun, there's wind and heavy rain. They have even been told once to close it by the caretaker, yet they still continue to leave it fully open.
Also, once the flat was empty for a long time and it was left fully open by someone doing some clearing work in there, for more than 3 weeks in all weathers.

Ours was replaced before we moved in and still looks very new, apparently it was paid for by the insurance as the flat above had smokers who dropped ash on it which burnt holes in it. Whose insurance paid out I don't know.
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Old 03.09.2017, 21:54
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Re: Broken Sonnenstoren because of the wind

Too late for you now but for future reference you can install an app, such as Wetteralarm which pings an a warning for any stormy weather heading your way.
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Old 03.09.2017, 22:04
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Re: Broken Sonnenstoren because of the wind

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Here we have been told that the building insurance only pays out if it happened whilst it was closed.
They won't pay because you're being negligent if they're constantly open. Building insurance covers natural disasters but not stupidity.

It's similar with most insurances. Try crashing into someone with your car on purpose for the fun of it and see how much your insurer would be willing to pay for it if they learn about it - not much at all. They'll pay the victim off, they have to by law, but they'll sue you for the money
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Old 04.09.2017, 07:49
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Re: Broken Sonnenstoren because of the wind

Which is exactly why ours are nearly always closed.
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Old 04.09.2017, 10:19
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Re: Broken Sonnenstoren because of the wind

A few years back when we installed a new awning, since we already needed electricity to operate it we added the wind/ rain sensor option so that the awning would close automatically.


It was really a great feature and one sees this more often today as people realise if they open the awning and are not home when the weather changes, there is nothing they can do to prevent possible damage.
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Old 04.09.2017, 10:29
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Re: Broken Sonnenstoren because of the wind

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Here we have been told that the building insurance only pays out if it happened whilst it was closed. Whether this is true or not I don't know, but it is written in the house rules.
Apparently this is not true.

According to SRF either household liability insurance, or in case of an actual storm (winds above 75km/h) the Gebäudeversicherung, has to pay.

The insurance can only refuse to pay in cases of gross negligence, where most basic elements of caution have been ignored. For instance if you're at home during the thunderstorm but don't close them. Apparently not closing them before going out doesn't give reason for the insurance to not pay.

Request a written decision, together with the reason the insurance refuses to pay. It may well be worth challenging.
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They won't pay because you're being negligent if they're constantly open. Building insurance covers natural disasters but not stupidity.
Nothing wrong per se with leaving them permanently open during an extended period of warm weather. I'd agree that it's not exactly intelligent but that doesn't make it wrong.
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Old 04.09.2017, 10:43
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Re: Broken Sonnenstoren because of the wind

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Hello all,

Last week we forgot to close the 'Sonnenstoren' on our balcony and it was ripped off from the ceiling by the strong wind. From reading similar threads I understand that the insurance company (I have household and liability insurance) won't pay for it as it is our fault, so we would have to pay ourselves. Is it correct? If it was closed it would have been the liability insurance?

Do I have to pay the full bill or I can argue that since it has been in use for x years, I would only pay x/N where N is expected lifetime? I found few sources where it says that the fabric should be good for 15 years and the belts? (Gurten) for 8 years.

Currently my landlord contacted the company who will do the repair/replacement and wrote me that he will forward the cost to me. Should I reply that I am willing only to pay this fraction? Who should cover the installment costs in that case?

Thanks in advnace



I meant to say: (N - x) / N. I think it is in use for 10 years, so say 5/15 of the price.
I think it does corresponds to "excessive use" (usure excessive), and consequently, as you said, your side has to pay. (Edit: Your side means you or your insurance, to be established, and it does not change the following)

The think for Asloca for the item's lifetime (https://www.google.ch/url?sa=t&rct=j...c4u1QZynh7D_-A) does mention 15 years for the fabric and 8 years for the cord.

I am not sure exactly how it all fits together, and what is the extend of the damages, as it could be also the "structure" and might be under another category.

Since it's a reference only, you have to use it as a basis for negotiation with the landlord.

In your calculations, I don't understand why you divide, I think you should substract.
Ex: X lifetime is 10 years. Today X has been used for 7 years (by anyone, it does not matters who). Because it's broken, you have to pay Z, the difference between it;s remaining life (Y) .

So you must pay something near Z = X-Y...

Ok lets forget maths, you pay what remaining life time it has!

Now, what I am not sure about is how it fits with the new item...
Say the new item will cost 1 million, there is no way you pay a percent of that or a propertionnaly equivalent cost.

You have to pay the thing you broke, not the new thing.
Which is why, I think, you should enquire BEFORE the new store is setup in regard of its price, and negotiate a proportion more or less matching the old store you broke.

I think it's the only way to avoid conflict, and be careful, do it in advance because it can get messy. Contact the landlord and negotiate before anything financial is commited. And once agreed or not, commit your side in writing, copy and recorded mail (costs around 6.30chf).
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Old 28.11.2017, 16:09
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Re: Broken Sonnenstoren because of the wind

Thanks everybody for you answers and suggestions. The case concluded only today as the landlord was really slow. Below is short summary in case anybody is in a similar situation.

I contacted my liability insurance provider, they opened a claim. I think there was some negotiation between them and the landlord as for who has to pay, I was not part of that. Landlord sent repair company to assess the damage. The company gave a quote for the work, insurance said that they agree with the costs but also asked landlord to provide the document confirming the age of the Sonnenstoren.

After the work has been finished (they just installed a new thing) landlord forwarded the bills to me. I sent them to insurance company which paid 1'300 CHF leaving the deductible of 200 CHF to be paid by me to landlord directly totaling 1'500 CHF which is the full sum billed by the repair company.

I am a bit surprised that the insurance company paid the whole amount, because I doubt that the Storen were new. Or was it my responsibility to negotiate with landlord? But I see no incentive for me to do that: I doubt that amortization would have brought the bill below 200 CHF and insurance company told me that a claim doesn't increase my premium.
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Old 28.11.2017, 17:45
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Re: Broken Sonnenstoren because of the wind

Fr. 1500.00 for a new one plus installation sounds cheap. Depending on the size of course.

No need to worry, insurance companies don't usually pay more than they have to
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