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Liability thingy

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
If you have say for example a mobile phone and your friend breaks it by sitting on it, you would say your friend is liable yurp? So you ask him to pay for it (or at least give you some of the money back towards it). I think most reasonable friends would do this - if I accidentally spilt a drink or whatever on a friends phone and it then din't work I would help them out.

However, if the phone is insured, what happens then? And what if it's not a friend? It's all a hypothetical situation really to a real situation that has happened to me, I am covered, but the reason I need to replace isn't my fault it's someone elses and if I wasn't covered I would definitely be wanting them to pay me back. So I'm pretty peeved and think they do owe me *something* almost but how the heck does the law sort out this kind of issue?

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You sue the person for damages in the county court, it's the only way it can be resolved.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You've lost nothing so they owe you nothing. If you weren't insured, you could try the Kermit route...
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    katralla wrote: »
    You've lost nothing so they owe you nothing. If you weren't insured, you could try the Kermit route...

    This is true. It's not actually a person, it's a company. But yea I'm covered pretty much, the only "loss" is the inconvenience. I was just wondering about it really because their actions were I guess you could say negligent (not malicious at all, was an accident) and it was only through my good fortune that I was covered. I guess if the insurance company was bothered they could claim their expenses from them but really I think it will be dealt with internally.

    If it was a friend and it was covered I wouldn't expect a SECOND replacement but hey a pint and an apology would be nice. Since it's a company I receive neither. Not that I was seriously considering sueing anyone. I guess it's just one of those caveats in the law that if someone causes damage but you are covered for that damage they don't need to compensate you so essentially get off free.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    No offence, but if you've not actually suffered any harm, what the fuck are you whingeing about?

    If a company breaks something they pay for it to be fixed. If it's easier to use your insurance then do that. It ain't rocket science.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote: »
    No offence, but if you've not actually suffered any harm, what the fuck are you whingeing about?

    If a company breaks something they pay for it to be fixed. If it's easier to use your insurance then do that. It ain't rocket science.

    You got out of bed the wrong side this morning didn't you?

    I came on here to ask a question, not to be berated. These discussion forums are open to anyone to ask a question, they don't have to qualify to your oh-so-superior standards.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    it does seem a bit like you're moaning though shyboy :) is this right, your phone was broken accidentally, by a company, they're not going to do anything about it because you're insured so you can sort it out yourself, but you'd still like some kind of apology etc because of the inconvenience?

    if thats the case why dont you write to the companys head office/customer services whatever, a nice polite letter stating how you feel you were inconvenienced and are not happy etc, obviously i have no idea what kind of company it is but most places would reply or offer some kind of goodwill.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm not usually one to butt in and defend Kermit, but reading what you've written you come across as stirring for trouble for no reason.

    Your phone got damaged by accident, you have insurance for such things, it got fixed. End of.

    If it was deliberately damaged/someone was being reckless when it was damaged you might have a case for complaining. As you've explained it you're putting yourself nicely into the forefront of the pushing forward for compensation for every little thing that puts you out in anyway shape or form.

    If a friend broke my phone in an accident by sitting on it then I'd be upset, but I'd acknowledge that I was a tit for leaving it somewhere it would get sat on.....
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    ohh but if it was a company which was involved in breaking whatever said object was - surely the companies liability insurance should cover replacement not the owner if it was not the owners fault....
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The company should pay for it, but it's often easier to claim on personal insurance. You get it sorted quicker. If there was an excess they should pay.

    But for goodness' sake, if your phone got fixed, what is the big deal? Is it that they haven't kissed your feet enough? One thing I completely cannot stand is the whole compensation thing. If you've suffered harm be compensated for that harm, yeah, but what harm have you suffered?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I dont get some people,

    it was an accident, hes your friend... if you have insurance use it, why are you trying to make your friend pay for this?

    i dont see what makes some people tick... just trying to cause trouble for others, like ppl dont have enough problems
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    First
    a) I was trying to use a hypothetical example to get some general advice
    b) they're not my friend
    c) it wasn't an 'innocent' accident, it was down to lack of quality standards, I certainly wasn't the only person affected
    d) it wasn't insurance, I got it repaired under warranty despite the m'facturer being under no obligation

    perhaps a better analogy would have been I bought some new oil for my car which broke my car, I am not happy with the oil company, but the car engine is going to get replaced but in the meantime i am without a car.

    It just seemed at first, wrong, to me, that a party can get away with causing damage to not just me but many others, just because the parties they caused damage to were covered or managed to get it replaced. There was more than one person who was affected who, considering the benefit vs costs just stumped up the cash themselves.

    I don't get some people who just want to have a go at people so don't offer any real advice, just come on here to try and be judgemental.
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