That’s unfortunate, but you still almost certainly will not get any compensation for the loss of the data on the drive if you are unable to retrieve them, nor for the cost to retrieve them should they be somehow recoverable. First, the insurance policy likely excludes consequential damages in the first place and even if it didnt those are generally not recoverable in a contract claim anyway. As for the tort claim for negligence, while consequential damages might be recoverable, there is the problem that had your wife simply copied the data, as a prudent person should do, there would not have been that loss of data. That is likely contributory negligence that might well prevent recovery for that. And for both types of claims you have the problem that those videos and pictures almost certainly have no market value — no stranger is likely to pay much, if anything, for those. While they have great sentimental value, the law does not compensate you for sentimental value. You get compensated for the market value. I'm sorry to say that this may turn out be a hard lesson in the value of always backing up your data. Take the time to do it. It is well worth it because the loss of it if you don’t may be irreplaceable.
Does the photographer who took them have that data? Most keep the photos/videos they shoot in case the clients want more copies later.
Thank you so much for your objective analysis and contribution to this matter, I appreciate your time and kind and consoling words. Apart from the fact that I have little chances of winning this case on its merits, I think I may have a chance to win based on how DHL and the business DHL AUTHORISED SHIPPING AGENT handled this matter.
1. My wife informed the DASC what she was shipping and they asked her to buy insurance to protect the value of the item. Note; inherently, DHL has protection for all packages they ship with or without additional insurance which is optional "
DHL Express Terms and ConditionsDHL Express Terms and Conditions 6. DHL’s Liability ref
http://www.dhl-usa.com/en/express/shipping/shipping_advice/terms_conditions.html
2. The DASC packaged the hard-drive (Zero protection, placed in a box 10 times the size of the hard-drive) was negligent by failing to make an effort to protect an item that they have just insured.
3. I made effort to fix the hard-drive or recover the data myself by approaching computer specialists but the cost quoted for the job was more than I can afford. I paid to have it evaluated twice and all reports plus quotes were forwarded to DHL on their request only for them to turn them down and suggesting that I take the risk to ship the hard-drive by myself to a lab in California who quoted me between $700 to $8000 to recover the data.
4. DHL showed ZERO duty of care to me as their customer, they would not even communicate with me or my wife directly claiming that we are both not the shipper. They said that the DASC was the shipper and only them would they communicate with directly and only them will submit the claims. Now, this raises the question as to who is actually the shipper in this matter. I believe my wife is the shipper and the DASC and DHL are one as the DASC is a contractor and representative of DHL. Secondly, all shipping documents and insurance papers have my wife's name as the shipper and here is DHL definition of SHIPPER.
" Shipper - Also referred to as the Consignor.
Read complete details of "Shipper" and their agreed responsibility in the
DHL International Terms and Conditions of Carriage
I also wrote DHL customer service to get their own definition of SHIPPER Please, see below;
I will be more than glad to help you.
Based on DHL's systems records, a shipper is a person or company that sends goods to a receiver, or consignee, via some form of transport.
Based on Cambridge Dictionary, a shipper is a person who arranges for goods to be shipped. "
5. The DASC demanded to see the physical damage to the hard-drive after we explained to them that the damage was internal, not superficial. However, I took the Hard-drive to them but they ended up calling the cops on me because I asked them to take the drive and plug into their computer so that they can understand the damage. When the cops arrived, they demanded that we never return to the business except with cops presence. Now, how can I be a threat to this business?
6. I reported this behavior to DHL complaint department but they simply told me they cannot do anything about it just as they told me that they cannot force the business (DASC) to engage and correspond with us.
7. It took about 5 weeks before the DASC submitted our claims after refusing to talk to us and lying to my wife several times that they have submitted the claims while DHL denied receiving any claims from them. The owner of the business was the one doing all these and she started interrogating me and my wife, asking for receipts and documents related to the hard-drive and making things difficult. She will not answer or calls nor respond to email and we cannot physically supply her any documents without Police present. We did go with police twice before giving up as it was an unnecessary use of law enforcement.
8. This matter has been going since March and is getting exhausted by it. I tried to contact the photographer to see if DHL can pay for him to make another copy for us but unfortunately, he has deleted the files because they only store files for 3 months after they give a copy to their clients as they have no free space to store old videos and photos because they make thousands of them every week. I suggested that I hand over the Hard-drive to DHL to deal with the data recovery and to return the file to me once they have recovered all the data but they did not buy that idea.
9. Now, DHL stopped communications with me and the DASC did the same despite reporting this matter to BBB. The DASC simple wrote BBB that DHL closed the matter due to insufficient evidence. (false)
10. Finally, DHL will not have in writing to me what they are doing except for the complaint officer who told me that I should contact the DHL legal team, that she cannot do anything about the behaviour of the DHL case officer not talking with me, and the behavior of the DASC who called the cops on me. I demanded records of all my telephone conversations with DHL as DHL repeatedly denied that the DASC was their representative, in fact, they said the business is not even DASC but an ordinary account holder. That was also false as I found the business listed on DHL website as DASC which is completely different from an account holder.
Am sorry about the long list but can you tell me what I can do from here based on the above additional information?