Refusing to pay up for laptop

[DunstanD]

Hi,

I, yes stupidly and not for the first time, dropped my PC laptop, I rang the insurance company, they told me to get a quote from the local computer shop and send it to them. I asked if I could remove the hard disk to recover some docs/photos and they said ok.

I removed the drive and sent it to my mate who's a bit of a PC guru to see if he could get anything off it, as its not the first drive I've had go I fairly frequently backup my stuff so it was only a few recent Word docs and photos I was missing (though at the time I thought it was more!)

I took the laptop to the local computer shop, they kept it a few days and then gave me a quote, this cost me £15 and stated the laptop was 'beyond economical repair' as the screen was broken and they're the most expensive part, they mentioned the missing hard drive and I explained it was at a mates for data recovery.

Then I got a call from a 3rd party 'loss adjustor' (?), he quizzed me on everything from my broadband supplier to how the accident happened, where and when I bought the laptop. He virtually accused me of theft or dishonesty as I'd bought it 2nd hand and said he needed the laptop, the hard disk, CDs, cables and everything, I said the hard drive was removed and my mate was trying to get some data back for me, I also stated they had previously said this was ok. He said they MUST have the hard drive to proceed.

After this onslought of questionning, that I can only presume was to put me off or try and find a way out of paying up, I rang my mate and he said he'd had no success with the hard drive so he'd thrown it away, apologised for the inconvenience but said it was trashed and didn't think I'd want it back.

Now I'm a laptop and £15 down due to the incorrect advice and general obstinance of my insurers who offer a 'no quibble claims procedure guaranteeing a settlement within 2 days' hah!

Anyone got any recommendations?

DD

[Movingon]

All I can suggest is that you write to them explaining the incorrect advice, the behaviour of the Loss Adjuster, and the catalogue of errors over the hard disk. Ask them if they will consider a claim and what steps you need to take to make the situation good.

I think you're a bit knackered to be honest but it's worth a go... and after all this is only my opinion.

[Rich44]

I dont mean to be rude but what kind of "mate" throws a hard drive away working or not it was still your property had a mate of mine done that he wouldnt have been a mate much longer.

Especially as presumably the hard drive was still in its laptop enclosure??

If you still have the enclosure then you could always buy a dead one from enay and put it in not too sure how legal this would be though, personally you are probably on a hiding to nothing, under the circumstances I think this mate owes you a lot of pints down the pub

[craigwalton]

Not very legal.

I wouldn't do this, as the Insurance Company already know that the laptop hard drive had been thrown away. If it was "miraculously" found, they would carry out an inspection on the laptop, find that the hard drive wasn't the original, and cancel your insurance.

You will then find it hard to gain subsequent insurance.

I'm afraid you will have to put this one down to experience.

[Rich44]

Where does he say the insurance know that the laptop hd has been thrown away???

I wasnt suggesting it as a good option but that it was likely the only way forward for his case even less likely if the HD caddy for that laptop was also binned.

I find it hard to believe that a m8 would do that esp if its in the caddy as you can stick a new drive in there

[mooreda]

As an ex-claims advisor I would not consider the removal of the hard disk to have affected a claim - as long as the physical damage to the laptop is consistent with the circumstances and the policy providing cover for Personal Possessions/Accidental Damage then the claim should proceed. It is unreasonable for the insurance company to reject or leave the claim in abeyance because of what happened with the hard disk. At the end of the day, if the insurance company chose to inspect the laptop, it would not be appropriate for them to inspect the content of the hard disk due to data protection. Pursue the case and if you don't get anywhere refer the matter to the Financial Ombudsman Service. This is free.

[JonCris]

I would also mention that before handing your laptop over to the loss adjuster you would be entitled to remove your hard disc to protect your privacy. Also at the very least to backup your data onto another disc So their argument is somewhat spurious