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Hey Mom & Dad: You (And Your Wallet) Are On The Hook For Your Kid's Actions! Plus: How The Insurance Industry Keeps From Paying Out Claim $$$ You Think You Deserve And: Gearing Up For Easter And Mother's Day Early
March 25, 2004
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Dear Ben: My 11 year old son was playing with a friend near a creek, and teasingly threw the friend’s backpack over to one of his other pals to catch. Unfortunately it fell into a shallow creek. He said he retrieved it right away, but the owner of the backpack claims his cell phone was in it and got wet. The parents said the phone is dead and needs to be replaced. Should I pay for a new phone to replace the damaged one? They didn’t show me the alleged dead phone. I want my son to be responsible and he agreed to pay the damage from his $5-per-week allowance. I’d appreciate your advice.
Shelly, via e-mail
Dear Shelly: You should treat this just like you would a car accident–if they’re asking you to make reparations, you’re entitled to inspect the damage. Furthermore, you should take the same position insurance companies (especially automobile insurers) take, using the "betterment" theory to support your cause.
Insurance is intended to put things back to the way they were, not to make them better than they were. Betterment is a popular negotiating tool claims adjusters use when they "post-accident negotiate" the amount they’re willing to pay to settle a claim. Consumers frequently (and incorrectly) believe that buying an insurance policy buys them a guarantee that after an accident, their property will be replaced or repaired for little (or zero) out-of-pocket cost.
Here’s an example: You go out to dinner and valet park your car. After dinner the car’s returned with a brand new 6-inch scratch across your door; the valet company (remember–this is just an example) takes responsibility...and you think you’re going to get your entire car painted out of the deal. Yes, they’ll fix the scratch, but you’re not going to get the entire car painted just because of a 6-inch scratch...you can bet they’ll slap you down using the "betterment" angle.
What does all of this have to do with Junior’s cell phone liability dilemma? You need to use the same betterment angle if you’re going to be replacing their cell phone. Since they’re claiming your son was the cause of a (now) dead cell phone, they need to give you the chance to inspect the damage, as well as the right to replace the phone with one of similar quality/age. If they’re using a four year old phone, they’d better be prepared to get one like it as a replacement. If they want a newer phone, then the two of you need to work out a price for the water-logged phone, and let them apply this amount to their new phone. Of course if they lost a brand-new/state of the art model with all of the techno bells-and-whistles, you’ve gotta ask them: #1 Why would you put such an expensive piece of equipment into the hands of a kid? and #2: How do I know this phone was in the backpack that Junior was involved with? Any way you slice-and-dice this deal, your son’s about to forfeit several weeks–if not months–of his allowance.
Dose of Dover For The Week, Part I: With Easter only 17 days off and Mother’s Day six weeks away, I’ve started assembling my affordable and out-of-the-box gift ideas section, complete with suggested deadlines for getting orders in/delivered on time without getting your checkbook drained: www.bendover.com/spring2004.asp.
Dose of Dover For The Week, Part II: Two topics that popping up on my radar from my recent move are worth noting. #1 Don’t set yourself up for failure when hiring movers! Know how to check ’em out ahead of time and spend the extra dough to properly insure your possessions–or you’ll be in for a rude awakening if they lose or break something. My special moving tips section will save you excessive and unnecessary emotional/financial brain-damage:www.bendover.com/moving.asp. #2 If you change your phone number, don’t forget to enroll your new number on the national "Do Not Call" list. I’m re-discovering first-hand just how annoying these tele-pests really are...and I’m also enjoying the chance to torture the live (not automated) telemarketers. Check out my tips for disposing of these clowns, and even reducing your junk mail while you’re at it: www.bendover.com/nojunk.asp.
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