How to Negotiate Payment from the Manufacturer when Your Carpet Has Been Damaged by Your Vacuum Cleaner

When your carpet has been damaged by your vacuum cleaner, you can get your carpet replaced or damages paid by the manufacturer. In this sue happy world, some of us just simply want to be treated fairly. We have no desire to get something for nothing. We want what is rightfully ours and think that it's only fair to have a company pay when their equipment is faulty and has caused damage to our property. Recently I had an issue with a vacuum cleaner.

I have Berber Carpet in several rooms throughout my home. Berber is a thick tightly woven carpet that is beautiful when placed in living rooms, dining rooms, offices or any other room you find interesting. Berber requires minimal care and does not have the high fibers that most carpet does. However, because of the way the fibers are woven, you have to be careful when vacuuming Berber. It's a good idea to have a vacuum with settings specific for low, medium and high carpet when cleaning. Using those settings properly, on the specified carpet or flooring should guarantee no problem when vacuuming.

When using my vacuum however, the belts continuously broke. After replacing about three broken belts, I called the manufacturer and discussed the problem with a representative. I was asked to call the local repair shop to have the vacuum looked at and repaired. The representative felt there was a problem so she issued a repair order and provided me with a reference number. We ended the call and I immediately called the company indicated. The same day, my vacuum was on its way to the shop for repair. After a week, the serviceman called and told me my vacuum was ready to be picked up. He stated there was no problem with the actual vacuum so with the exceptions of a few minor adjustments, the vacuum was fine. I picked the vacuum up and a few days later, tried to vacuum my living room again.

This time I was vacuuming during the holidays. Nothing happened until I began to move the vacuum around in the area in front of the television. Right in front of the television in a very obvious spot, the vacuum pulled the carpet. When Berber carpet is pulled, if you do not catch it quickly, the entire area can be destroyed. That is exactly what happened. In a very difficult area to disguise, the vacuum pulled a strip of carpeting about two feet long. I was devastated. I immediately called the manufacturer and expressed my concern. They asked me once again to deliver the vacuum to the shop. I did. They kept the vacuum a week and called me afterwards. The technician asked what had occurred, what type carpeting was pulled and a few other questions. He then stated they could not find anything wrong with the vacuum. I asked if they were using it on Berber carpeting. The employee stated "NO." They did not have Berber carpeting in the shop.

Please tell me how you can recreate the problem when you do not have the same carpeting or any type carpet to use the vacuum on? At any rate, once again, the employee told me that he did not find a problem with the vacuum, told me to try and use it again and if the problem occurred again, brings it back in.

By the time I received my vacuum back, I was livid. I called the company and demanded to speak with someone in their claims department. I expressed the problem, the damage to my carpet. How the problem could have been avoided had the technician cleared the problem or replaced the vacuum the original attempt at repair. I requested they replace the vacuum cleaner and replace the carpet in my home. After two weeks, I received a new vacuum, which I chose, valued at a much higher cost than the original vacuum I purchased. After seven months, I received a check compensating me for my loss.

Steps to Filing a Claim

1). Call Manufacturer and discuss the problem. Obtain the name of the person the claim was discussed with, their position, document the time, phone number, their title and a brief summary of the discussion.
2). Submit a letter to the manufacturer with details regarding the issue, the process you have taken to clear the problem. In your letter provide details of the individuals you spoke with, their names and titles, dates and times.
3). Send the original to the manufacturer; keep a copy of the letter for your file.
4). Wait 10 days for response.
5). If no response, follow-up with an additional phone call. Do not threaten. Your first letters should be professional, diplomatic, providing necessary details and asking for the company to provide compensation for the damages incurred. Do not give or go into any unnecessary details or meandering. Stay on point and be specific. If you have the cost to replace your carpet, indicate that in the letter. Make sure you take into account the cost of the carpet and manpower.

After several days, I was asked by the company to provide them with replacement cost for the carpet. I also was asked to select a new vacuum from their entire line. They did not give me a cost to select from; they simply stated select a new vacuum that would accommodate my needs.

After two weeks, I received the new vacuum. After providing the details of replacement cost, I had a claims adjuster visit my home to take pictures. A second adjuster came in and took additional pictures. The damages occurred in November of 2010. In May 2011 I received a check for 60% of the replacement cost of the carpet.

Now I could have fought for the entire cost. However, after consulting with an attorney, I was informed that I could take the company to court in the hopes of getting them to pay the entire cost. However, if I won, it would probably take months or years for the court to make a final decision and then if I lost, I would be out the cost of an attorney and court cost. I decided to take the 60%. The company paid me 60% based on the depreciation of the carpet. My concern was I had no reason to replace my carpet except for the damages due to the vacuum. However, if I chanced a fight in court, the risk was that I might walk away with nothing. So, I chose not to gamble.