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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70525
Experience:  Over 5 years in practice
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An insurance company will not agree to pay iPad to be

Customer Question

An insurance company will not agree to pay iPad to be fixed or replaced because in there opinion the damage was not accidental. I took the iPad to apple and they agree with me on how the iPad was damaged. What can I do to get this resolved.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
How was it damaged?
Customer: replied 2 years ago.

I took a 5 year insurance on an iPad that I got From PC World. I have had the iPad 3 years. On new years eve the iPad got damaged. We had friends round New years party. At some point the iPad got damaged. I do not no how or who. We found the iPad the next day when we were cleaning up. Took the iPad to PC World. They sent it to there repairers who sent it back saying that in there opinion the damage was not done by accident. I relied by letter explaining what had happened but they still would not agree to repair the iPad.

I took the iPad to apple and the agreed that the damage to the iPad could have been caused by someone standing on it.

I have a letter from the apple engineer stating this.

what should I do next.

Customer: replied 2 years ago.

I do not no how the iPad was damaged. We think that it was stood on?

Customer: replied 2 years ago.

Have you sent me an answer??

Expert:  Jo C. replied 2 years ago.

I fail to see how the insurance company knows more than the Apple engineer. I also fail to see how they can decide whether it was deliberately trodden on or trodden on by accident.

Tell the insurance company that unless they agree to pay out on this, you will serve the right to refer the matter to the Financial Ombudsman as a complaint against the insurance company, your discretion, simply to issue Small Claims Court proceedings against the cost of the repair without further notice.

It is up to you which way you decide to proceed with this but you need to have exhausted the insurance companies complaints procedure before proceeding with either.

Unfortunately, neither process is going to be quick and if it goes to the ombudsman or court, it could take 12 months. reason, you might want to consider paying repair yourself and then simply recovering the money from the insurance company.

Here is the link to the Ombudsman complaint page

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

And also to the Small Claims Court

www.moneyclaim.gov.uk

Can I clarify anything ?