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BillyBoy | Home Insurance won't pay? |
accidental damage to a game console and carpet,put in the claim and the ins company said ok we,ll send someone out. i have however stated from the first call to the loss adjuster company that i no longer had the game console i disposed of it simply because there was water damage to it and as a safety issue i just didnt want my 6 year old to find it and plug it in in case he was electrocuted. waited now for 3 weeks, a loss adjuster came out took all the details inc original receipt,box, etc. 3 days later i have a call from the ins company saying no there not paying out.WHY i said, simply because youve disposed of the console you shoudn't of and it doesnt matter if we have the receipt or box you coud of got that from anyone. now i,m upset.ive now got my 6 year old screaming because he's got no wii ive tried my hardest explaining to the ins company and they wont overturn the loss adjusters decision, this cant be right surely. i'd appreciate some legal advice if this is possible.thankyou |
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welcome news
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The first thing to do is to write a letter of complaint to the insurance company about the way that they have handled the claim. Put down the facts and explanation why the console was disposed of. In the letter point out that you don't think that the insurance company is 'treating you fairly' as a customer. Be sure to use that phrase.
I guarantee you will get your claim re-examined before you can say Financial Ombudsman Service (which should appear in your second letter). Just bear in mind that if you do go to the FOS (full details how will be in the insurance company's reply) it costs the insurer £340.00 in fees - and they have to abide by the decision. |
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src50
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I can't say I blame the company. How can you expect them to pay for damage that you can't produce? If you wrecked your car, would you throw it away and then call your auto insurer to make a claim? |
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shih tzu lady
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When you telephoned to advise your claim, did they tell you to keep the console? I think they are working on a common sense basis, but I dont know where you stand legally. Common sense should tell you to keep everything as you have to prove the loss - there's so much fraud going on with insurance claims that the company has to cover themselves. |
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fighting saints
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As you just learned the hard way, you have to prove that the item you are claiming was actually owned and damaged.
You would be surprised how many people make the same mistake. I see it all the time.
Your insurance policy is a legal contract and one of the provisions in that contract is that you must not dispose of any damaged items before the company can inspect them. The will back up the insurance company on this one.
I have been involved in claims where I denied paying for items that were claimed but not documented. The person sued our company and once we bring a copy of the policy into court, the judge reviews it and dismisses the case against us.
In the future, keep the item so it can be inspected. You claim of getting rid of the Wii so your six yr old didn't find it will get you laughed out of court if you try to sue this. The company attorney will ask you if you have any closets in your house with shelves above 5 ft high and when you answer "yes" the case is done. If the item can't be kept then take some photos of it before you throw it away, but that is still not guaranteed to be enough.
The bottom-line is that you didn't abide by the provisions of the contract so the insurance company doesn't have to pay. Nobody (except insurance adjusters) read their insurance policies and I strongly suggest that everybody do so to spare themselves this kind of situation.
Good Luck |
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confucious says
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yes the insurance company are correct you should have kept the console for inspection it may have been able to be repaired the insurance company did not have the option so they declined your claim,I doubt that you have a an appeal against the insurance company, you should never ever dispose of any damaged goods till the insurance have inspected |
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mbrcatz
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You can't throw it out - it violates the policy conditions. Now you have no proof that there was any damage in the first place.
Don't worry too much, it wouldn't have been covered anyway. The contents of your house, are only covered for water damage, if, for example, something breaks through your wall or roof, and lets water in from the outside, or if a pipe bursts.
Someone spilling a glass of water onto the console isn't covered.
If you EVER have a property loss, of any kind, NEVER dispose of the property until after the adjuster says you can. See, the company ALWAYS maintains the right to repair it. So you have to give them the opportunity to try. |
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muck savage
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if there is no proof of the item thats damaged they simply wont give a s**t! next time dont throw it awy!! after all its evidence!! legal wise you dont have a leg to stand on!! youll waste money in court over nothing |
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aires69uk OFFICIAL
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By rights you should've kepy the games console. Saying that you didn't want your 6 year old plugging it in a electrocuting himself is a bit weak. You could've put it in the shed, you could've put it on a shelf under the stairs, you could've put it anywhere - you could've put it in the loft.
That being said it does seem as though the insurance company are being somewhat unreasonable. I would personally recommend you write a letter of complaint and send it recorded delivery asking them to address your issue and reply within 14 days. After that you can make a complaint to the FSA http://www.fsa.gov.uk/ but you must exhaust the insurance company's own internal complaints procedure first. Insurance companies don't like complaints and it may well be that given the relatively small amount of money we're talking about, they may well be willing to re-address the claim rather than defend it to FSA, as it just means time trouble & effort for them. Chances are that while they may be within their rights to withold the claim, FSA may decide that as a service issue they should re-address the claim anyway. [shrugs] |
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Rich
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Well, your insurance company had full right to decline your claim for you console (I assume they continued with the claim for you carpet still). It is likely that it is written in your contract (ie, policy booklet) that in the event of you making a claim you need to keep any items that have been damage for the insurance to inspect if needed. Therefore, officially you have no legal right to complain.
However, if you have been with the insurance company for a while and have not made too many claims then I would suggest that you issue a complaint with your insurance companies customer care department. If you are a good customer then the customer care department have more power to overturn the decline, just to keep your business. If the advisor never told you to keep the games console then when issuing your complaint with the customer care department, use this fact as the basis of your complaint. They may stick to the decline.....but its worth a try. |
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Sue P
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Ok, apart from the fact that I have an insurance and legal background, the fact that you haven't got the game console to show insurers is kinda the end of the matter really! Ok, I understand you wanted to keep it out of your son's way but you could have just put it somewhere up high where he couldn't get to it! The box and receipt wouldn't be enough, what's to say the console wasn't taken out of the house say to bring to a friends house to play and something happened to it there or it got stolen or something - insurers need some sort of proof that you did actually have it in your house at the time of the loss. Sorry, I know that's probably not what you want to hear! |
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Michael F
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How did the damage occur, was it from a covered peril? Sounds to me like you may have a claim with the company who made the game, warranty issues etc...Call the place you purchased it from and tell them what happened..Unfortunately by throwing the merchandise out, you goofed big time. Always save products you have questions of warrany in a safe place like a closet, drawer, shoe box etcc...You may have to chalk this one up, and be smarter next time.. |
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richard b
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Not legal advice, I'm afraid. I'm not a lawyer but I have put in insurance claims and can offer a few comments which may or may not be useful.
We found when we were burgled that the fact that we had photographs of many of the stolen things (even domestic items like kettle, microwave - which they nicked) was useful as proof that we had owned them. The insurers took our word about the clothes (honest) which were stolen and we had photo's of my wife's jewelry. Recepts are good back-up as proof but you have to remember that not everyone is as honest as you and receipts can be obtained and then the good sold on.
Interestingly, when my digital camera "disappeared" on a train journey between Waterloo and Brussels in a manner which I could not explain and which I did not report to the police, my insurers (Lloyds Bank) paid up without quibble.
Persevere in your claim, if necessary contact the insurance ombudsman (his services are free). But if you have to write, tidy up your grammar!! It's "must HAVE," " should HAVE," etc. Not "must OF," "should OF," etc.
Not must OF |
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