Iphone 4 and insurance

GT60

Just for reference i have just had the screen replaced on my S11 and everywhere was quoting £150+ and when i asked at the CPW they quoted £80.

Nicky321

grumbler wrote: »

Bu11shit.
Was the phone damaged acidentally? Y/N
Do they cover accidental damage? Y/N

If they have to cover it, but refuse, ask them to quote the part of their T&C that they refer to. Don't let them to fob you off. This is the only thing that such companies do professionally.

Was the phone damaged accidentally? Yes
Do they cover accidental damage? Yes

DEFINITIONS

Accidental Damage
The sudden and unforeseen damage to the Telephone not otherwise specifically excluded from this Certificate of Insurance.

SPECIFIC ACCIDENTAL DAMAGE EXCLUSIONS

Accidental Damage to the Telephone whilst on loan to any third party other than Your Immediate Family
Accidental Damage to any additional equipment or Accessories
Damage to or malfunction of the Telephone caused by or attributed to the operation of a software virus or any other software based malfunction.
Accidental Damage that occurs then the Telephone is Unattended
Any breakdown of the Telephone whatsoever including breadown caused by placing or using the Telephone in a location or enviroment that is not in accordance with the manufacturer's instruction
Any claim arising from abuse, misuse or neglect
Wear and tear or gradual deterioration of Telephone performance
Cosmetic damage to include marring, scratching and denting
Faulty or defective design materials or workmanship or latent defect
Routine maintenance, adjustment, modification or servicing.

As far as I can see the above T & C means he is covered.

Nicky321

Shall i write to the insurance company a letter like this?

With reference to your letter dated xx/xx/xxxx, I wish to appeal against your decision to be unable to help with my claim. The iphone was connected to my laptop, on charge, when I heard a pop noise. On checking my phone I found smoke coming from the cable (nearest to the phone) connecting the phone to laptop. I assumed this was caused by overheating. Is it not possible that the wire (on explosion) vibration, had caused the shattering of the screen and casing. This surely would be classed under your terms and conditions as "Accidental Damage" and therefore be deemed as a valid claim.

Yours faithfully
XXXXXXXXX

Nicky321

Do you reckon I should send the letter in post #14?

NFH

Nicky321 wrote: »

Do you reckon I should send the letter in post #14?

No, because I don't think this is accidental damage. It sounds more like a defect, and the insurance policy most probably excludes defects. As I've already said, you should claim from the original supplier under Section 11N of the Supply of Goods and Services Act 1982, not under the insurance policy or manufacturer's warranty. Nevertheless, get something in writing from the insurer stating that they have assessed this as a defect rather than accidental damage by the user; this will support your claim against the supplier.

grumbler

It's tricky. If the phone got "shattered" as a result of overheating, it certainly was because of some defect/fault. However, for some reason, the insurer stupidly denies overheating. I cannot imagine any other fault that could have caused this. If so, it was an accidental damage.

Nicky321

NFH wrote: »

As I've already said, you should claim from the original supplier under Section 11N of the Supply of Goods and Services Act 1982, not under the insurance policy or manufacturer's warranty. Nevertheless, get something in writing from the insurer stating that they have assessed this as a defect rather than accidental damage by the user; this will support your claim against the supplier.

The insurers haven't said it was a defect, they just said "due to the faults being described being inconsistent with the nature of claim you have made, we are unable to be of assistance on this occasion."

Should my son just go to the apple store and tell them exactly what happened and see what they say? When should he quote the "under section 11N of the supply of goods and sevices act 1982" and how does he word it?

Sorry if i'm sounding thick, but he will be going on his own and has SPLD's.

Nicky321

grumbler wrote: »

It's tricky. If the phone got "shattered" as a result of overheating, it certainly was because of some defect/fault. However, for some reason, the insurer stupidly denies overheating.

As per their letter "They have advised the handset has no signs of overheating"

NFH

Nicky321 wrote: »

The insurers haven't said it was a defect, they just said "due to the faults being described being inconsistent with the nature of claim you have made, we are unable to be of assistance on this occasion."

What is their assessment of the cause of the damage? You need to ask them this.

Nicky321 wrote: »

Should my son just go to the apple store and tell them exactly what happened and see what they say? When should he quote the "under section 11N of the supply of goods and sevices act 1982" and how does he word it?

Unless you paid £500 up-front for the iPhone, I doubt that Apple were the supplier. You have potential claims against three parties:

• The supplier (the retailer that directly supplied the phone to you) under Section 11N of the Supply of Goods and Services Act 1982 for a breach of Section 18(3)(e) of the Supply of Goods and Services Act 1982.
• The manufacturer (Apple) under the warranty; now expired, so forget that one.
• The insurer for accidental damage; however, this does not appear to be the case, as it sounds more like a defect.

Nicky321

NFH,

On my sons Proof of purchase, it says Pre Apple iphone 16GB BK and also purchased a iphone case, Total £505.53.
Are you able to explain to me in simple terms what section 11N ofthe supply of goods and services act 1982 mean, and the breach of section 18(3)(e) - does that mean they sold an item that wasn't durable, eg, it shouldnt have shattered

Sorry i cannot get my head around it

I will email them now and ask for their assesment of the cause of damage.