Mobile Phone Insurance Problems

[ADDLED]

Hi all, I have a question about an insurance policy that covers loss/damage etc for mobile phone that i took out 6 months ago. It seems pretty straightforward in that they repair/replace in the event that something happens, and I did indeed drop my phone a few weeks ago and smashed the screen.

When i paid the excess i was given the details of their local approved repairer. Its a walk-in centre and so i took the phone in to have the screen replaced. Mindful that the phone is quite new and has a 2 year warranty I asked if they used original OEM part (it's a Samsung) and they said they didnt, and that the policy states they can use generic parts.
Having read the policy, whilst it does state that they will replace a phone with an equivalent, possibly used/refurbed one, it doesnt stipulate in the terms on repair whether or not they use generic or OEM parts.

I'm worried about my warranty being voided if they use generic parts and im also worried about the quality of non OEM parts being used.

One thought is that i might be voiding my warranty by them repairing the phone even with OEM parts, since they're not likely an authorised Samsung repair centre.

Ive put up a copy of the policy wording. Would anyone be able to give an opinion?

tks
ADD

[ADDLED]

Re: Mobile Phone Insurance Problems

One thought is that i might be voiding my warranty by them repairing the phone even with OEM parts, since they're not likely an authorised Samsung repair centre.

Samsung just confirmed above is tru; non-auth repair centre = no warranty.

How can an insurance company offer a repair service that voids warranty on the item theyve insured?

[Amethyst]

Re: Mobile Phone Insurance Problems

Who did you obtain the insurance through - your phone service provider or direct with insurance2go ?

Normally if a phone breaks / dmaaged etc within the warranty period you'd go to the phone provider or manafacturer rather than through insurance.

[des8]

Re: Mobile Phone Insurance Problems

Insurance is by definition a contract of indemnity, i.e. it's purpose is to put the insured back into the position he held before the insured event occurred.
The repair by the insurers not using correct parts does not put you back in that position as it invalidates the manufacturer,s warranty.
If they continue to refuse to do the job properly you could, as a last resort,either report them to the ombudsman or IMO anyway initiate court action for breach of contract

[slainte caragh]

Re: Mobile Phone Insurance Problems

Ame just to clarify, if a phone is faulty (ie touchscreen doesn't work, won't switch on) it is classed as a warranty issue.

If the phone is damaged (water/drop/cracked screen) it goes to insurance as it's not covered by the warranty.

I'm not an expert on the insurance side of things (contracts I'm ya woman, insurance not so much) but.. to quote the AA I know a man who does!!

Gimme an hour or so to see if the old bugger is still working and I shall ask him, in the mean time I will have a little pow wow with Lee and see what we can come up with.

Callie <3

[ADDLED]

Re: Mobile Phone Insurance Problems

Insurance is by definition a contract of indemnity, i.e. it's purpose is to put the insured back into the position he held before the insured event occurred.

Thanks des, thats exactly what i needed to know. I was trying to argue, with the poor, very polite customer service girl, that i shouldnt be 'out of pocket'. My clumsy interpretation of something i picked up along the way.

[ADDLED]

Re: Mobile Phone Insurance Problems

Ok, ive emailed the insurance co. to inform them I want my premium back. Seeing as im now in a situation where instead of the £30 that ive paid in premiums and the £50 policy excess I now have to cough up £180 to get the phone repaired at a Samsung repair centre.
Is it reasonable to claim the difference from the insurer so that im not out of pocket?

[des8]

Re: Mobile Phone Insurance Problems

Hmm.
You would be better served advising the insurers that the contract requires them to repair the item insured with genuine parts.
Contrary to what they told you I cannot see where the policy wording states they will use generic parts.
If they cannot show you where it says that, and continue to refuse to repair your phone to a proper standard, I would inform them the phone is being returned to Samsung for repair and you are seeking damages for breach of contract.
These damages will be for the cost of repair and all associated costs (postage etc), plus a sum for inconvenience caused.
Because of the breach, you are able to repudiate the contract so you will also seek return of premium and policy excess already paid,

[ADDLED]

Re: Mobile Phone Insurance Problems

Thanks again des, appreciate your reply.

You would be better served advising the insurers that the contract requires them to repair the item insured with genuine parts.

Did you mean that i should push the insurance co to have the phone repaired at an approved centre? As per Samsung, irrespective of whether the insurer's repair centre uses genuine parts or not, any attempt at a repair by them will void the warranty.

Also, these sh1ts have been trying to argue with me that the mere act of damaging the phone voids the manufacturer's warranty. Lying scumbags.

[slainte caragh]

Re: Mobile Phone Insurance Problems

to the best of my knowledge it is the insurers have to use genuine parts and have a duty to do so.

Damaging the phone does not void the warranty as this is a totally seperate thing.

A warranty is a guarentee that in a specific timescale (normally 18 months but 12 with an iphone) the phone will function as it should. If anything MECHANICAL should happen to it, you claim for a replacement.

ACCIDENTAL is an insurance job, the warranty remains intact as long as the parts are as specified (ie samsung for a samsung/apple for an iphone)

I would insist that they send the phone for repair with genuine parts at an approved centre, they can send out refurbished phones as replacements (only if in T&Cs) but they must have been refurbished by the manafacturer.

Callie <3

[des8]

Re: Mobile Phone Insurance Problems

Sorry,I overlooked your second post where you said Samsung say repair by any other than authorised repairers voids the warranty.
Do the warranty T&Cs actually state that?

Assuming they do I would go along with [MENTION=99495]slainte caragh[/MENTION] and say the insurers must have the phone repaired with genuine parts at an approved centre.
If they refuse they are IMO in breach of contract.

You need to start writing to them, as a paper trial will be useful if it ever gets to the crunch

[ADDLED]

Re: Mobile Phone Insurance Problems

Thanks for the reply Slainte.

I would insist that they send the phone for repair with genuine parts at an approved centre.
I've stressed this point, awaiting a reply to my email.

they can send out refurbished phones as replacements (only if in T&Cs) but they must have been refurbished by the manafacturer.
Interesting point, i hadnt considered that even a refurb needs to have been refurbed by the Samsung.
Callie <3

I'll chase the insurance co tomorrow and let you all know what response i get.
cheers
ADD

[slainte caragh]

Re: Mobile Phone Insurance Problems

you're welcome.

As [MENTION=38669]Des[/MENTION] says make everything in writing so they cannot back out!!

I haven't had a chance to get in contact with Lee to have a conflab and get his input too, I became an auntie for again yesterday so everything has flown out the window

TC

Callie <3

[ADDLED]

Re: Mobile Phone Insurance Problems

Sorry,I overlooked your second post where you said Samsung say repair by any other than authorised repairers voids the warranty.
Do the warranty T&Cs actually state that?

Hmm... im guilty of having not read them, i took on face value the comments of the Samsung rep i had a live-chat with. Also spoke with O2 and they confirmed same.... but again, im speaking with a call centre op who's probably also not read the T&Cs

[des8]

Re: Mobile Phone Insurance Problems

you're welcome.

, I became an auntie for again yesterday so everything has flown out the window

TC

Callie <3

Congrats