Originally Posted by Big  Apparently there was a short circuit at Con Edison around my area and as a result one of my TVs, one of my computers, my cable box and a dishwasher are all burnt to hell. Is this enough to sue or what? What kind of imbeciles are working at Con Edison these days? |
Now Big you know power surges can happen. That's why they try to sell you a surge protector when you buy a computer.
As for suing Con Ed, probably no need to if in fact they were negligent and caused the power surge. Judge Judy isn't going to help you out here.
Make sure a neighbor didn't hook up a residential generator. Installed improperly it will backfeed into the next home and cause a power surge such as the one you experienced.
A) Call your home owners insurance company, they will initially fund the claim. Be care, if you are over age 25 and you tell them you own the computer, they may exclude the loss if the policy is in your parents name. Some insurers like All State are that ruthless. The insurer should take the the claimgainst Con Ed and relieve you of that burden, less the deductible. They will typically pursue your deductible also for you, and mail it when they get paid. Ask, and make sure they will do that for you. This is one reason why you buy homeowners insurance.
B) Option 2 is to pursue Con Ed direct and ignore the insurer. This route will probably take more time to get a check in hand. Call them to report the loss and be ready to give them the age, make and model of what was damaged. Follow up with a certified letter, itemizng the damaged items and replacement cost. Send them photos too. Be specific and state you have a loss of $XXXX and expect reimbursement. Without that statement, your letter is not acceptable as a claim against Con Ed in the eyes of NY courts. You must make a demand for reimbursement of your damages. (But don't say "I demand" in the letter you'll only P Off some folks; say "I request reimbursement of $xxxx for this loss caused by the negligence of Con Ed.")
Try to find the receipts from the purchases. Also, try to get prices for replacements, like kind and quality, nothing bigger or better or smaller, but around the same price you paid. Be careful because Con Ed may want to depreciate the value of the items damaged based on age. That is perfectly legit and if you sue, the judge will let them do that. That is a major difference than the insurance claim. Your insurance should value the loss at replacement cost rather than actual cash value. Con Ed is only obligated to replace with like kind and
quality. Quality contemplates age and age depreciates the value of home appliances. If that frig is 10 years old, you may only get 25% of the original value. If that computer is more than 4 years old, it may have $0 depreciated value ( but they'll offer you $100 anyway.) Try to sue, even small claims court will take you a year to get a trial date. Go to civil court and you're talking a big expense and minimum 2 years to trial.
If you sense a hint here, you're right....better to submit this to the insurer and get replacement cost rather than battle with Con Ed over actual cash value and a year of headaches. Even though you'll take the loss of the deductible, chances are are it is far less than the ultimate depreciated value of the lost items.
Oh yea, one other thing....don't trash any of this stuff before you settle or get an okay from the insurer or Con Ed. They bhave a right to inspect for damage and if it's not available no court will hold them to the loss. That's no big deal for small stuff, the refrigerator is another story. Lastly, be prepared for Con Ed to ask for estimates to make repairs. Their obligation is to make you whole again and that means they can take the cheapest route- repair, or replace with like kind and quality. Quality contemplates age.
Yo Con Edison blew away half of appliances in my house 
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