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I hope you can help me with this- my laptop was refused repair on the basis of negligence.
I RECIEVED A CALL FROM THE CLAIMS DEPARTMENT SAYING THEY WERE INVESTIGATING MY CLAIM- AT FIRST THEY ACCUSED ME OF LYING- LYING! THEY CLAIMED THE LAPTOP HAD ALREADY BEEN BROKEN BEFORE I TOOK OUT THE WHATEVER HAPPENS SALES AGREEMENT- THIS WAS NOT TRUE- MY LAPTOP HAD GENUINELY BROKEN AFTER 3 DAYS OF PURCHASING THE POLICY. I TOLD THE CLAIMS DEPARTMENT THAT THIS WASN'T THE CASE- THEY THEN ASKED ME A FEW DETAILS- THINGS LIKE HAVE I EVER WORKED WITH DSG- AND THEN REFUSED MY CLAIM- SAYING THEIR POLICY DOESN'T COVER NEGLIGENCE. HOWEVER, IT DOES COVER MISHAPS AND I THINK WHAT HAPPENED WAS A MISHAP. I've attached a copy of the e-mail I sent the Techguys below:
My laptop was refused repair, however I implore you to take another look at my case. I had intensive building work going on in my house, pretty much no room was left unturned. My bedroom, was also being redecorated and because of this the only piece of furniture in my room was a bed. After working late at night on a project, I had left my laptop on a box, on the floor. To me this was the safest place in my room and even the house, since we had no access to a cupboard, shelf or table. Please note that the box was at least a metre away from my bed, waking up in the morning I accidently stepped on to the side of the box and hence on to the side of the laptop. However, this was a light step, since I quickly noticed my other foot wasn't level with this foot. It was one of those mornings, when you're not properly awake, still a bit foggy eyed and not knowing where you're stepping. Not knowing where I was stepping, was also a problem because of my very bad eyesight-and if needs be I will supply a copy of my prescription as proof. This incident occurred on the 20th January in the early hours of the morning- somewhere between 4:30am-6pm.
However, I do not believe that stepping on to the laptop caused the problem with the hinges, I think it was a combination of a manufacturer fault and the accident- which may have caused the problem. As proof of this I have attached a weblink:
If this link is inaccessible please google: HP Limited Service Enhancement for Left Display Hinge
Please also note that the hinge did not break off immediately, but during the use of the laptop on that day- simply opening and closing the laptop- however I think that the light stepping may have accelerated the problem that was already in the process of occurring.
I now find myself in a situation, where I cannot get my laptop repaired- I could have got my laptop repaired by HP, since I was still covered under their manufacturer guarantee. I had chosen the Techguys to repair my laptop, since they offer a loan laptop while your laptop is being replaced- being a student, who needs regular access to a computer, I found that the Techguys appealed to me more and so I chose them to repair my laptop. My manufacturer guarantee is expiring on the 8th February, I find that I cannot get my laptop back in time so that I can get it repaired by HP and I find that the Techguys are also refusing a repair.
The very definition of ‘negligence’, on the basis of which my claim has been rejected is as follows:
‘The failure to use reasonable care. The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do under like circumstances. A departure from what an ordinary reasonable member of the community would do in the same community.’
I had taken reasonable precautions, which any person in my situation would have taken. Not having anywhere else to place the laptop, I placed the laptop on to a box on the floor- the next best thing to a bedside cabinet- I had also placed this box at least a metre away from my bed- to reduce the risk of a mishap- which your policy covers. The definition of a mishap is an unfortunate accident- since this is exactly what had occurred- I ask you to please, reconsider my case. Thank you.
COULD YOU PLEASE TELL ME WHERE I STAND AND WHAT I CAN DO. THANK YOU
Thanks for the advice Woolwell, however I don't have household insurance
I think that you're stuck with the problem then.
ok, can you provide more details.
1- are you on pay monthly or 3-5 yr cover, if its long term cover when does it expire
2- how many times has this been previously, what was done to it?
3- what did you report, acc dam refused, anything can be acc dam? liquid spillage, dropped? cracked screen? what happened
4- your saying you chose techguys to repair this, im sorry to break the news hp would most likely refuse a repair as the contract is within dsgi therfore techguys are contracted to repair it not hp.
5- purchase date?
The problem with any insurance claim, even All Risks, is that you have to prove you took reasonable care.
The company obviously don't believe you did.
You could always try the insurance ombudsman, but on the facts you report I don't think you would be successful.
From what you say, the laptop was approaching the end of the standard warranty period when you took out the DSGI policy.
Alarm bells rang when you then made a claim within three days of taking out the policy and the company a) don't believe you and b) say that the event isn't covered by the policy.
I think that morddwyd's suggestion to use the ombudsman service is your next step.
COULD YOU PLEASE TELL ME WHERE I STAND
Not on the pc next time..sorry !!!!!!
Don't think you have case !
joka007, I've given more details below:
The laptop was purchased on 8th February last year.
I reported the claim as accident damage.
The problem is after looking into the laptop- I noticed lots of people had the same problem because of a manufacturing defect in the laptop- the hinge would come off after a while. So I do not think stepping on to it caused the problem- since this was a problem that was already in the process of occuring. The laptop also did not break off immediately after I stepped on to it- but after using it throughout the day.
The policy was a pay monthly. This has been the first claim made on the laptop.
you've got mail :)
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