If my insurance company looses the item I am claiming for, what are my rights?

I sent my phone to my insurance compamy 4 weeks ago, there were going to replace the screen, after me sending emails they finally rang me to say that they do not have the phone. They questioned me about returning it to them, as I had dropped it into my local branch and they had forwarded it to the insurance section. I had a stamped business card stating the date and the person who receieved my package. I went and got it and told them the date and the name of the person who received it. They went away for a few days and now have come back saying they still do not have it but are will in to pay out the policy. The options I was given are to have a replacement phone and I am to pay the $250 excess (mind you originally the excess was only $100, they increased it during the term of my yearly policy) OR they will pay me the value of the phone less the $250 excess. About $330. Now I am wondering if they have lost my phone what would happen if I requested they return the phone? Do I have any rights as they could not return it as they have lost it. Or should I work out the best offer and take it? thanks

Comments

  • Did you have to pay the excess for the screen replacement?

  • I was told that for them to repair the phone it was going to cost me $250 excess, as the phone was dropped, and the screen had lifted off, I was not sure if there was any internal damage, but when I took it to a couple of places to look at they said the screen would need to be replaced.

  • +1

    Get a replacement phone if were going to pay the excess anyway. Don't forget to thank them for losing the phone as you will now end up with a new one!

  • I would ask to speak to a manager, explain you have now been without your phone for more than a month due to their stuff up, and ask that they replace it less the original $100 excess.
    If that doesn't work, I'd take the $330 and get a new handset.

  • +1

    technically the phone was lost before the replacement of the screen took place so personally i don't think it's reasonable to charge the excess regardless. legally i would not have a clue though and it's not worth the effort. like said above i'd speak to the manager or complaints department nicely but firmly, making clear this is their screw up. if it doesn't work, take the replacement phone. you gain either way

  • thanks, I will call them in the morning and ask them how they can charge the excess as they lost the phone, not sure how they will take that, but as you have said I can only try. thanks

  • +1

    Surely they cannot just increase the excess mid-policy? I'd enquire with the insurance Ombudsman.

  • yes, a valid point, I did say that I was not happy, but only to the claims officer, I will see what I can find out about that to. thanks

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