computer injured in car wreck

[anabanana]

What is the name of your state? FL

I was sideswiped and run off the road. No injury to me, but my car was all tore up along entire driver side and front passenger side, and my laptop computer was thrown around inside and won't function properly. Other driver accepted liability, they told me to get the laptop fixed and send bill.

The Dell certified tech came and examined the computer and said I'd need to do backups first, if it will, and then I'd be without it for a minimum of two weeks, and then he couldn't guarantee it wouldn't still be messed up internally in some way, blah blah gloom and doom. Upshot, he said it will cost more to fix than to replace. I don't care. It took me long enough to get used to this computer. The data migration process is a FREAKING NIGHTMARE. I called the insurer while the tech was there and they wanted to talk to him and he started flinging numbers around for parts and labor, and then they asked him to send a quote for a replacement and one for the repair work.

Shouldn't this be my call? If I want it fixed or replaced? Why does the insurance company get to decide this? I'm sick over this. That's my whole brain in there, all my work files, my personal files...

 

[smallpurpleants]

Yes it should. I had the same situation in Nov 2004 and made the call not to even try and work with a computer that was tossed around since long term it will crash and not work properly. My insurance co did question the cost of my system but after 1 phone call to the computer store cut me a check for a new system

 

[Dougthegreat]

My guess is that they've reserved the right to fix OR replace, and will do whatever's cheapest. If you read the fine print about a company's liability on a lot of contracts, you'll see that if they screw your stuff up, they don't necessarily have to give you back the same thing.

In some cases, you might actually get something better! For instance, for several years I didn't have to buy a hard drive, because I had started out with Western Digital drives and they kept dying and Western Digital would send me the "equivalent model", which usually ended up being 20-40 gigs more

 

[teflon_jones]

The insurance company can take the cheaper option (fix or replace). I'm honestly surprised that they're offering to cover this at all.

 

[JETX]

Shouldn't this be my call? If I want it fixed or replaced? Why does the insurance company get to decide this?

The LEGALLY accurate answer is.... no.
Your only entitled to the lesser of repair or replacement with like kind! That means a used computer of the same specifications as the one damaged.
Those are the ONLY legal options you have available.... and the choice of which is the insurance company's. You do not have the right to be 'enriched' by a new computer.

I'm sick over this. That's my whole brain in there, all my work files, my personal files...

No problem, just get the computer fixed or replaced... and restore your data using your backup set. What?? You don't have a backup of this critical data?? Sorry, but that is NOT the fault of the insurance company.

 

[Dougthegreat]

You do not have the right to be 'enriched' by a new computer.

JETX, the odd thing is with the OP is that she doesn't WANT a new computer - she wants her old computer, and it costs more for all the repairs than it would for a new laptop.

teflon_jones is right, though, you ought to count your lucky stars here - when I got rear-ended by some idiot a couple years back, my monitor was in the trunk and the insurance company pretty much told me "too bad, so sad".

 

[JETX]

JETX, the odd thing is with the OP is that she doesn't WANT a new computer - she wants her old computer, and it costs more for all the repairs than it would for a new laptop.

You are correct. The issue I was trying to clarify was that this is the insurance company's call.... to either provide an equivalent Fair Market Value (used computers are HUGE depreciation), or like kind (if possible) or to repair, whichever is least.
There is NO value in the information on the computer.... as that is the owners responsibility to maintain backup data.

 

[anabanana]

Aaargh! Parsnips!

Well, generally I regard insurance companies as the evil overlords of the universe(tm), so yeah, I was a little surprised that they were going to be good for it at all. They said under my own policy, no way. But under the policy of the guy who smashed me, they were okay with it.

And it's not that I don't have backups, Jet, it's just a friggin pain in the ass, as any geek will tell you, and one I didn't ask for and don't have time for. So I got run off the road, left waiting for a tow truck for --I kid you not-- FOUR+ hours, lost a day and a half of work, my car's still in the shop two weeks later, my computer is fritzed and I'm gonna get stuck either way.

The idea that anyone ever gets compensated for any loss or harm imposed upon them by another seems more and more like a fairy tale all the time. But those insurance companies, they sell it well, verrrry, very well...


Sigh.

 

[Dougthegreat]

Two words: Symantec Ghost

 

[anabanana]

Aargh!

Hey Dougie, do you know if I can ask for lost wages due to the time spent hassling with this whole clusterf--k, even though the lost time wasn't related to injury? My lost time is lost time, isn't it? Or is that likely to be another dose of "too bad, so sad?" I mean, I spent virtually a whole eight hours just waiting for the initial tow truck and service.

 

[JETX]

Or is that likely to be another dose of "too bad, so sad?"

Yep..........
Your time is not compensable.

 

[stephenk]

"I spent virtually a whole eight hours just waiting for the initial tow truck and service."

If you were not paid for those 8 hours that were part of your regular work day, then yes you can claim the loss of pay as part of your damages.

 

[JETX]

If you were not paid for those 8 hours that were part of your regular work day

Where the hell did you get the idea that any of the 'waiting' time was "part of your regular work day"???
Of course, there is NOTHING in this thread to even suggest that to be the case.

 

[anabanana]

Well, maybe nothing except for this:

"...ask for lost wages due to the time spent hassling... "

Most people don't make wages on their private time, so one might reasonably infer that I was alluding to my work day, which indeed I was. I don't get paid by the hour, however, so figuring my lost productivity is a little more tricky, but that's beside the point.

If they can find me a refurb C840 and migrate my data, I'll call it a day.