Insurance Company not paying out. Do I have a leg to stand on?

actuallylike

How do,
So I lost my phone there a while ago, completely unintentional and the cover I had covered accidental loss. I lost it on the Sunday and rang the relevant garda stations the next day. They said that taxi drivers wait until Thursday usually to hand in lost property and advised me to call back then. They also gave me a little bit of hope saying more often than not stuff does come into them. I also have/had numerous apps installed that if it were ever to be turned on, an email with GPS location would show me where it is (the battery was dead when I lost it).

My policy states that when declaring it lost, within 24 hours I must get a garda statement and remotely wipe the phone with my provider. In wiping the phone any apps I had would be erased which would make my GPS tracking useless. So I waited until the Thursday when the garda confirmed that they didn't have it. It was then that I was willing to accept that it was definitely lost so I got a statement from them as to what had happened and wiped the phone with my provider.

I had a 30 day time frame to hand in my forms and due to procrastination on my behalf and mainly finding the forms that proved I owned it, I posted it off last minute where it would arrive in my insurance company with 2 days to spare (of the date I declared it lost).

3 weeks pass. Finally I send them an email wondering what the hold up is. I get a response saying they have been trying to contact me numerous times (no records of this whatsoever) and they are not paying out due to me been outside the 30 days. I know the angle they're coming from too. Basically, we are disputing the day of actual loss. I left it in a taxi on day x and declared it lost on day y. By declaring it lost on day x, I lose any chance of getting it back (apps wiped) so I waited and searched (gardai, taxi firms). I didn't want to claim for something I hadn't accepted as lost.

I wrote all this in a reply email asking what the dispute procedure is and no response. I did receive a letter today dated the 5th of November stating that they are not paying out although not quoting my response mail.

Have I a leg to stand on here? This is my second time in my life dealing with insurance companies. the first time they fcuked me over big time. here they are again maybe? And please, don't tell me I should've posted it in earlier.

Henry Ford III

If you didn't fulfil the required steps under the policy for a valid claim was it unreasonable they refused pay?

actuallylike

Henry Ford III wrote: »

If you didn't fulfil the required steps under the policy for a valid claim was it unreasonable they refused pay?

I can see where you're going and I'm not going to bite. If I was out of the time frame that that's my fault I know it. I'm just wondering does anyone think I have a case by claiming the 30 days limit begins from the time I declared it lost (Thursday) taking into account by declaring it lost, the phone needs to wiped by the provider losing all possibility of the GPS apps working.

ravima

30 days is from time is is lost, not the time you 'declare' it lost.

What were you doing for the 25 days between time you lost it and time you reported it to insurer?

I don't think you 'have a leg to stand on' as you put it.

actuallylike

ravima wrote: »

30 days is from time is is lost, not the time you 'declare' it lost.

Yes, but the policy states that when lost I must remotely wipe all my data within 24 hours. I wasn't prepared to do that because of the reasons I already stated.

ravima wrote: »

What were you doing for the 25 days between time you lost it and time you reported it to insurer?

I needed all the documents that proved I owned the phone in the first place. A lot of those receipts were somewhere where I had to badger people and wait on them to come back to me. Admittedly, the form did remain on my desk for a few days more than it should have but I was working on the date of the garda report been filled out and the phone been wiped, ie within 30 days of that date.

ravima wrote: »

I don't think you 'have a leg to stand on' as you put it.

Probably not. I've explained all above in an email which they haven't responded to. The letter that arrived today (dated 5th of November) says all correspondence must be done through post from here on in. I'll put it in writing to them if that's all I can do.

pauld

I do believe you have a leg to stand on. I

f you have a reasonable explanation for breaching the 30 day notification period then the Insurer, abiding by the spirit and intent of the Consumer Protection Code, of treating customers fairly should have requested an explanation from you as to the reasons for the delay in submitting the claim, prior to denying your claim.

I would write to them, heading your letter up as a complaint, outline all of the salient facts and specifically around not wiping the phone and the delay in submitiing the claim. Request them to investigate the declinature and request that they respond with a final response letter in the format as laid out by the Financial Services Ombudsman.

Expect their final response within 40 biz days after receipt of your letter

If in their final response they continue to maintain the same position, you will have 15 days from the date of their letter (do not miss this deadline)to submit a complaint to the FSO.

FSO decision would not be likely till mid year next year

oldyouth

It was a condition of a contract that you agreed to. They will argue that the delay prejudiced any investigation they wished to conduct or a course of action that they would have wanted you to take in order to minimise the loss. By stating that the delay was down to YOU deciding which was the best course of action will only weaken your position and they will leave you to follow that chain of events to conclusion, without providing indemnity

Henry Ford III

I'd agree.

A contract is an agreement to do certain things. You failed to do your side of things you'd previously agreed to do OP, which means they are entitled to refuse to do theirs.

actuallylike

Thanks for the last few posts everyone. Constructive on both sides. Let me be straight, I'm not looking for a way around anything. All I did was take the 30 days from the day it was reported lost and explained my reasons for doing so. If that's a mistake and it's caused me to lose my claim then so be it. But as I've already explained, I believe there may be a possibility of a case which I have to pursue (expensive phone). If I'm wrong, then they'll just say no again but I'd prefer them to address my issues above which they haven't done. I've been away for the last 2 days so I'm writing up a letter tonight and will post it off immediately and see what their response is.

oldyouth

actuallylike wrote: »

Thanks for the last few posts everyone. Constructive on both sides. Let me be straight, I'm not looking for a way around anything. All I did was take the 30 days from the day it was reported lost and explained my reasons for doing so. If that's a mistake and it's caused me to lose my claim then so be it. But as I've already explained, I believe there may be a possibility of a case which I have to pursue (expensive phone). If I'm wrong, then they'll just say no again but I'd prefer them to address my issues above which they haven't done. I've been away for the last 2 days so I'm writing up a letter tonight and will post it off immediately and see what their response is.

While I think the letter of the contract may be against you, you are dead right to pursue it to conclusion, I've seen many insurers buckle under pressure, even if they are technically correct. The only advice I'd give you in those circumstances is NEVER embelish the story with a porkie. State your case forcibly and see what happens