Help With Insurance

[dylankirby]

Hi,

I have accidental damage cover on our contents insurance, I have put a claim in as I was moving our Plasma from upstairs to the living room, I banged the TV and now it doesnt work, although it worked fine before, and now they have inspected it, they are saying it was a electrical failure that is not covered, is there anything I can do?

Thanks

[bednobs]

how old is it? Could you take it back to the shop if it's an electrical fault?

[dylankirby]

It is about a year and a half old, but was a plasma, and they wouldnt cover over a year

[flip_flop]

If the electrical failure is as a result of the accidental damage, then it is covered - this is the doctrine of proximate cause, which essentially means if damage which is not covered has been caused by damage which is covered, then cover still applies.

The problem you face is that it is your responsibility to prove your loss. If there are no outward signs of damage, I think you will struggle to demonstrate the knock cause the electrical problem.

[dylankirby]

Yes this is the problem, there is just a small scratch on the bottom of the tv where it banged, but I did not drop it so there is no major damage.

[hc4361]

What exactly do they mean by electrical failure?

[gingejbee]

Hope you get sorted out. This is one of the reasons why I buy my TVs from John Lewis - 5 year warranty free on all tvs even plasma. And they don't quibble when you have a problem, either.

[maclarencat]

If the fault is caused by damage then the insurance should cover it. If it isnt then it means that there is a fault with the tv and the fact that it stopped working after you knocked it is coincidence. If it is unconected to the knock then even though the shop only gave you a 12months guarantee an item must be fit for purpose and a tv that only lasts 12months is not fit for purpose. Was the inspection independant? If not get a report done by an independant tv repairer then take the matter up with either the insurance or the shop. Go to trading standards if you cannot get satisfaction

[hc4361]

I'd go with 'satisfactory quality' under the Sale of Goods Act rather than 'fit for purpose'.

You can get redress through the courts within 6 years of purchase in England, 5 in Scotland, if the retailer (not the manufacturer) doesn't deal with your problem in a satisfactory manner.