How long to submit a damaged item in a motor vehicle accident?
So last year, I was involved in a motor vehicle accident (MVA), where my iPhone 5s was extremely damaged.
Being new to this, as this is my first claim ever, I didn't submit it as a lost/damaged incurred due to the accident. The vehicle itself was a complete write off.
Anyways, being just 4 months left in my contract, I upgraded to a new phone, completely at my expense. Now, past the new phones warranty, the battery won't charge for whatever reason.
A friend told me that I should have, and may still be able to declare my old iPhone as damaged property in the MVA, however he wasn't sure as over a year has passed since the accident.
What is the fact here? How long DO you have before you can't declare an item as a damaged/lost property in a MVA?
Added (1). I was hospitalized for about a month or so, and undergo numerous rehabilitation. My apolgies for not pointing this out.
Forget the phone as it has passed the time to report…30 days is acceptance AND if you have been in the hospital for extended time you may have supplemental coverage…
Usually personal injury claims are to be filed within 2 years and 3 years for property claims. It can vary though.
You seem to think there's some sort of international law governing this stuff, since you didn't bother to mention where you live. There isn't.
You probably won't be eligible for compensation for your damaged iPhone whatever model you mentioned, because you won't be able to prove it was damaged in the accident.
When claiming compensation for anything, the burden of proof is 100% on the claimant. A year after the accident happened, your phone stopped charging, your words not mine. A year.
How are you ever going to prove that this phone, which could have been dropped a dozen times and splashed with water two dozen times since the accident, will not fully charge because it was damaged in that accident a year ago? How will you prove that it couldn't have been anything else, any one of a thousand other things, after a year? And also after the warranty ran out, and also after you purchased an upgrade at your own expense?
Exactly. You can't. The burden of proof rests entirely on you, and you can't prove anything.
Hi so as the insurance is for the car only not for your ancillary equipment. That you need a separate insurance policy for. We radio amateurs need separate insurance for any radios carried in our cars. Which cost us about 150 dollars a years extra same is true for anything you carry that is not part of the cars original equipment.
USA answer:
Such an item would not be covered by an automobile policy but would covered instead by a homeowners or renters policy. I would assume that other countries: The UK and Australia would have similar practices/laws. BUT, anything could have happened to the phone in the year since the accident. I would bet that even if the auto. Insurance was liable, they would refuse the claim based solely on the long time in reporting. You are not being realistic
Does not matter if the accident happened last week or last year, since auto insurance does (not) cover personal property. For any personal property, you would need to file a claim on your homeowners or renters insurance. Or if you had phone insurance, to file a claim on it.
Even so, if in fact this phone had been damaged due to this accident, then (after) you got out of the hospital would have known as soon as possible that the phone was damaged. So now a year later, the reason for not charging or not working is (not) due to this accident, but maybe due to neglect or just a bad phone you bought.
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