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Van hit my tent at art show - adjuster coming- help

Posted by Jim S on July 17, 2011 at 9:57pm in Business of Art Fairs

Hi all,

 

New member here...If you have experience with a claim.....any help you can offer would be great....  A van hit my tent at a show last weekend and destroyed some pastels, oils, tent and panels.  It was the drivers fault.  The claim is going through his employers insurance co. ( I have no insurance (I know, I know)..I'll be getting some quotes this week.)

 

I have an adjuster coming to the studio on Tuesday. 

 

1. Tent, panels, table, etc - Will I get replacement cost or some type of fair market value?

2. Oils and pastels - With proven past sales will I get retail or time and materials?

3. Loss of sales - I was not able to sell for 5 of the 8 hours.  Will I able to get some type of lost sales based on what I sold during the 3 hours and then project that out for the whole day?

 

Thanks for all of your help.

 

Jim

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Replies

  • Ann Marie Crosmun September 22, 2011 at 12:18pm
    Hey Jim-who is your carrier? We didn't dare file a claim when we were destroyed by a tornado micro burst and lost so much. We recently had to file a house claim, and, because it was our second in two years, State Farm dropped us. The pissy thing about that, was, I had been a loyal client since 1980!! Oh well.....we move on.....
  • Connie Mettler September 11, 2011 at 12:41pm
    This does sound like a good settlement, Jim, considering that usually art is only "valued" at the cost of materials. You must have had a good adjuster, plus been prepared to show the value of your work. Good job!
  • Jim S September 10, 2011 at 7:41pm
    Hi all....here is the update that I owe you guys...
     
    It all boils down to what kind of adjuster you get.....
     
    We got 75% for anything that was a total loss ..pastels, frames for the oils, display panels, misc other items and 100% for items that could be fixed (parts to fix the tent).  We retained all broken and damaged items. The 75% was for retail or cost of item.
     
    It took 2 months.....but we are happy with the settlement.
  • Jim S August 9, 2011 at 2:28pm

    Hi all...sorry for the delay in updating....

     

    Adjuster came to the house 2 weeks ago and just got an email for insurance company that they will have an offer this week.   I'll let you know how it turns out.

     

    J

    • Connie Mettler > Jim S August 9, 2011 at 3:02pm
      We are listening, Jim. Hope it is good news.
  • Jim S July 19, 2011 at 12:33am

    Thanks to all......When it comes to the tent, panels, etc...I hope I can get what it costs to replace/repair them.....Just materials for the painitngs is not acceptable..........not sure what I can do, but I will sure try like hell (and then some).....As for lost sales, I have the numbers and we will just have to see what happens...

     

    I will be sure to update you all on the claim.  I did call ACT and get a quote. It was just as listed on the website.  Not sure if i would add the "Professional Liability"...it is only an extra $150 a year, but covers things like false claims and failure to perform.  I dont see any future claims against me for namimg a painting incorrectly or teaching a bad workshop.

     

    Once again, thanks for your help.

    • Christine Hauber > Jim S July 21, 2011 at 6:23pm
      Now would be a good time to call Chris at RLI.  They have some of the best coverage for the traveling artist. But you will be hard pressed to find an insurance company that will pay you more then expenses for your ruined artwork. Can you imagine how much fraud would take place if artists just stated how much they believed their artwork was worth. (esp with the economy now) By paying just expenses keeps people almost honest.
  • Dave Hinde July 18, 2011 at 12:40pm
    Don't take the insurance companies first offer!  They will always try to low-ball you.  Say something like "let me talk this over with my lawyer", even if you don't have a lawyer.   I did that with a personal claim and the insurance company almost tripled their first offer.  If the insurance company still come up with an amount you are happy with, see if a lawyer can help you.
    • Chris Hoyt > Dave Hinde July 19, 2011 at 6:11am

      My wife used to be a claims supervisor for a major carrier.

      Somehow people think the word "lawyer" frightens the insurers. Not even close.  You tell them you' re going to talk with an attorney and the response will be "OK, call back when you're done". If you say you've retained an attorney, the company will want a letter of representation from him/her and will no longer talk to you, just the lawyer.

      When people retain an attorney, they usually get more from the insurer. It usually takes about a year, and then the lawyer takes 30 to 40 percent of the award (plus expenses) and the person ends up with the same amount the company offered in the first place.

  • Jim S July 18, 2011 at 10:16am

    Thanks to everyone for getting back to me.  I am taking all of this in and will write back a few questions when I get back. 

     

    Thanks,

    Jim

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