Claim due to lightening damage

gavin2812

Hi all,

I have suffered damage to a number of IT related equipment in my home following a lightening thunderstorm.

The damage came through the phone line and damaged three pieces of equipment directly connected to the phone line.

I have contacted the provider (I'll not name them) and they have told me that they are not responsible told me to use my home insurance (I will not do this as it will increase my premium and for me this is pretty clear cut), they have now closed the complaint and will be sending out a letter of deadlock.

I intend to take this further and wondered if I were best to go to the Ombudsman www.ombudsman-services.org or directly to small claims court to recover the cost of the damaged equipment? 

If I go to small claims court, other then the upfront costs, what could I be liable for in terms of costs if the case is not ruled in my favour?

Thanks in advance.

p3ncilsharpener

I fail to see why your phone line provider is responsible for lightning strikes, unless they're also God.

gettingtheresometime

I'm not sure I can answer this any more less sarcastically than to ask you why you think the telephone provider is responsible?

user1977

Why do you think the telecomms provider is liable?

MattMattMattUK

gavin2812 said:

Hi all,

I have suffered damage to a number of IT related equipment in my home following a lightening thunderstorm.

The damage came through the phone line and damaged three pieces of equipment directly connected to the phone line.

I have contacted the provider (I'll not name them) and they have told me that they are not responsible told me to use my home insurance (I will not do this as it will increase my premium and for me this is pretty clear cut), they have now closed the complaint and will be sending out a letter of deadlock.

I intend to take this further and wondered if I were best to go to the Ombudsman www.ombudsman-services.org or directly to small claims court to recover the cost of the damaged equipment? 

If I go to small claims court, other then the upfront costs, what could I be liable for in terms of costs if the case is not ruled in my favour?

Thanks in advance.

They are correct, they are not liable, you need to claim on your contents insurance.  You can go to the ombudsman or court, you will lose in both.

gavin2812

p3ncilsharpener said:

I fail to see why your phone line provider is responsible for lightning strikes, unless they're also God.

I'm not suggesting the provider is responsible for the lightening, that would be silly.
I am suggesting that they did not have adequate lighting suppression in place allowing it to travel down their line and damage my equipment

gettingtheresometime said:

I'm not sure I can answer this any more less sarcastically than to ask you why you think the telephone provider is responsible?

Because everything that was connected (physically) to their phone line was destroyed.

user1977 said:

Why do you think the telecomms provider is liable?

Because everything that was connected (physically) to their phone line was destroyed.

gavin2812

MattMattMattUK said:

They are correct, they are not liable, you need to claim on your contents insurance.  You can go to the ombudsman or court, you will lose in both.

Could you let me know why they would not be liable?

k3lvc

gavin2812 said:

I intend to take this further and wondered if I were best to go to the Ombudsman www.ombudsman-services.org or directly to small claims court to recover the cost of the damaged equipment? 

If I go to small claims court, other then the upfront costs, what could I be liable for in terms of costs if the case is not ruled in my favour?

Thanks in advance.

If you manage to find an address for God to serve the papers to please let me know - I've a backlog of things I have an issue with

In reality you've two options - pay it yourself, a fixed/known amount and may not impact your insurance (depending on the questions they ask in future) or claim on your insurance which is what it's there for 

gavin2812

k3lvc said:

If you manage to find an address for God to serve the papers to please let me know - I've a backlog of things I have an issue with

I'm not suggesting the provider is responsible for the lightening. I am suggesting that they did not have adequate lighting suppression in place allowing it to travel down their line and damage my equipment

gettingtheresometime

Why do I have the feeling this is going to be one of those threads where the OP comes back next week saying the provider has caved in and has paid compensation? 

p3ncilsharpener

gavin2812 said:

p3ncilsharpener said:

I fail to see why your phone line provider is responsible for lightning strikes, unless they're also God.

I'm not suggesting the provider is responsible for the lightening, that would be silly.
I am suggesting that they did not have adequate lighting suppression in place allowing it to travel down their line and damage my equipment

gettingtheresometime said:

I'm not sure I can answer this any more less sarcastically than to ask you why you think the telephone provider is responsible?

Because everything that was connected (physically) to their phone line was destroyed.

user1977 said:

Why do you think the telecomms provider is liable?

Because everything that was connected (physically) to their phone line was destroyed.

Lightning suppression is not a complete failsafe, and their terms and conditions will absolve them of responsibility for adverse weather events. It's your choice to stick your equipment to the end of what is, in effect, a lightning rod.