Automotive

Personal Items damaged in Not-At-Fault Accident

  • Last Updated:
  • Oct 30th, 2019 2:10 pm
[OP]
Deal Addict
User avatar
Oct 20, 2005
1698 posts
444 upvotes
Toronto

Personal Items damaged in Not-At-Fault Accident

Hi all,

We recently got in an accident where it was deemed a not at fault Total Loss by TDMM. During the claims process (they have paid out a settlement already), they said that only the car, specific articles of clothing, and injury that was covered.

My wife's iPhone (11 Pro) was shattered from the airbag knocking it out of her hand, so we asked about that, but they said it wasn't covered? It's a little awkward that this wasn't a covered item.. is this due to the car being a Total Loss? And, now that I've received the settlement payment for the Total Loss, does that waive my rights to any further claims?

If insurance isn't going to pay for the repairs, do I need to sue the other party directly for these kind of things (among other financial losses we've incurred that weren't covered)?
29 replies
Deal Expert
User avatar
Jan 7, 2007
20781 posts
4896 upvotes
Poormond Hill
mmmken wrote: Hi all,

We recently got in an accident where it was deemed a not at fault Total Loss by TDMM. During the claims process (they have paid out a settlement already), they said that only the car, specific articles of clothing, and injury that was covered.

My wife's iPhone (11 Pro) was shattered from the airbag knocking it out of her hand, so we asked about that, but they said it wasn't covered? It's a little awkward that this wasn't a covered item.. is this due to the car being a Total Loss? And, now that I've received the settlement payment for the Total Loss, does that waive my rights to any further claims?

If insurance isn't going to pay for the repairs, do I need to sue the other party directly for these kind of things (among other financial losses we've incurred that weren't covered)?
What?
A life spent making mistakes is not only more memorable, but more useful than a life spent doing nothing.
Deal Guru
User avatar
Oct 5, 2008
14045 posts
8133 upvotes
Toronto
mmmken wrote: Hi all,

We recently got in an accident where it was deemed a not at fault Total Loss by TDMM. During the claims process (they have paid out a settlement already), they said that only the car, specific articles of clothing, and injury that was covered.

My wife's iPhone (11 Pro) was shattered from the airbag knocking it out of her hand, so we asked about that, but they said it wasn't covered? It's a little awkward that this wasn't a covered item.. is this due to the car being a Total Loss? And, now that I've received the settlement payment for the Total Loss, does that waive my rights to any further claims?

If insurance isn't going to pay for the repairs, do I need to sue the other party directly for these kind of things (among other financial losses we've incurred that weren't covered)?
your damaged phone can't be claimed in either the property damage (PD) claim (it's not part of the car) or Accident Benefit (AB) claim (it's not clothing or a medical device).
Deal Fanatic
User avatar
Jul 26, 2007
5478 posts
3001 upvotes
Toronto
sandikosh wrote: What?
She was using her iphone and not watching the road when the accident happened
Sr. Member
Apr 8, 2010
785 posts
432 upvotes
toronto
contents of car is covered under your home insurance i believe
Deal Expert
Jan 15, 2006
16195 posts
14247 upvotes
Richmond Hill
peteryorkuca wrote: She was using her iphone and not watching the road when the accident happened
I hope not. I thinking she was in the passenger seat when this happened.

Either way personal contents are never covered with AUTOMOBILE insurance. You would need to make a claim via home insurance or better yet if you bought with a credit card that covers damage/loss.
Deal Expert
User avatar
Feb 11, 2007
16266 posts
17748 upvotes
Oakville
mmmken wrote: Hi all,

We recently got in an accident where it was deemed a not at fault Total Loss by TDMM. During the claims process (they have paid out a settlement already), they said that only the car, specific articles of clothing, and injury that was covered.

My wife's iPhone (11 Pro) was shattered from the airbag knocking it out of her hand, so we asked about that, but they said it wasn't covered? It's a little awkward that this wasn't a covered item.. is this due to the car being a Total Loss? And, now that I've received the settlement payment for the Total Loss, does that waive my rights to any further claims?

If insurance isn't going to pay for the repairs, do I need to sue the other party directly for these kind of things (among other financial losses we've incurred that weren't covered)?
I hope your wife was in the passenger seat and not holding her phone while driving.
[OP]
Deal Addict
User avatar
Oct 20, 2005
1698 posts
444 upvotes
Toronto
No, I was the driver and she was the passenger. Some of you guys are ridiculous.

Thanks for the useful answers. Making a claim under my home insurance will probably raise my premiums.. so I'm a bit confused why I would need to do this when the other party was completely at fault and caused me financial loss?

Shouldn't the other party compensate me for these losses? I thought my auto insurance would sue them on my behalf?
Deal Guru
User avatar
Mar 9, 2007
13906 posts
9001 upvotes
Think of the Childre…
Small claims court.
mmmken wrote: No, I was the driver and she was the passenger. Some of you guys are ridiculous.

Thanks for the useful answers. Making a claim under my home insurance will probably raise my premiums.. so I'm a bit confused why I would need to do this when the other party was completely at fault and caused me financial loss?

Shouldn't the other party compensate me for these losses? I thought my auto insurance would sue them on my behalf?

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Fanatic
Aug 15, 2015
8712 posts
5092 upvotes
ON
mmmken wrote: No, I was the driver and she was the passenger. Some of you guys are ridiculous.

Thanks for the useful answers. Making a claim under my home insurance will probably raise my premiums.. so I'm a bit confused why I would need to do this when the other party was completely at fault and caused me financial loss?

Shouldn't the other party compensate me for these losses? I thought my auto insurance would sue them on my behalf?
The company insures your vehicle not what you put in it. As it was mentioned, you can sue them in small claims court for damages to all other items not covered by the auto insurance.
Deal Addict
Sep 2, 2004
2366 posts
692 upvotes
I get where everybody is coming from but none of these replies are correct. Your iPhone IS covered if your claim meets all of these conditions: accident in Ontario, you are 0% at fault, and other car has insurance.

If that's the case this is what's called a DCPD claim. Language from section 6.2 of the Ontario auto policy:

What We Will Cover
We will pay the cost of damage to the automobile, its equipment, contents and for loss of use of the automobile or contents arising from an accident for which another person would have been legally responsible in the absence of section 263 of the Insurance Act (Ontario). Section 263 takes away your right to sue the other person for these losses. We will pay no more to repair or replace the automobile or property than its actual cash value at the time it was damaged.

Note that it says contents. Only caveat is you will only be eligible for the depreciated value, not replacement cost of your phone.
Deal Addict
Nov 2, 2005
4265 posts
1509 upvotes
WFH
Capt. wrote: I get where everybody is coming from but none of these replies are correct. Your iPhone IS covered if your claim meets all of these conditions: accident in Ontario, you are 0% at fault, and other car has insurance.

If that's the case this is what's called a DCPD claim. Language from section 6.2 of the Ontario auto policy:

What We Will Cover
We will pay the cost of damage to the automobile, its equipment, contents and for loss of use of the automobile or contents arising from an accident for which another person would have been legally responsible in the absence of section 263 of the Insurance Act (Ontario). Section 263 takes away your right to sue the other person for these losses. We will pay no more to repair or replace the automobile or property than its actual cash value at the time it was damaged.

Note that it says contents. Only caveat is you will only be eligible for the depreciated value, not replacement cost of your phone.
I was in the same situation as OP and my tablet, which was in my bag at the time, got broken. My provider told me it wasn't covered. I guess they screwed me over on this one.
Deal Expert
Mar 23, 2004
28942 posts
9463 upvotes
EP32k2 wrote: I hope not. I thinking she was in the passenger seat when this happened.
Sure she was the passenger, but likely still not watching the road. At least, from the sounds of it, the phone did not hit her in the face when the bag deployed.
Deal Addict
Sep 2, 2004
2366 posts
692 upvotes
cowbunpants wrote: So don't bother pretty much.
You have no right to sue for any vehicle damages in Ontario. The policy section I quoted says that exactly.
It would apply to contents in your vehicle as well.
[OP]
Deal Addict
User avatar
Oct 20, 2005
1698 posts
444 upvotes
Toronto
Capt. wrote: I get where everybody is coming from but none of these replies are correct. Your iPhone IS covered if your claim meets all of these conditions: accident in Ontario, you are 0% at fault, and other car has insurance.

If that's the case this is what's called a DCPD claim. Language from section 6.2 of the Ontario auto policy:

What We Will Cover
We will pay the cost of damage to the automobile, its equipment, contents and for loss of use of the automobile or contents arising from an accident for which another person would have been legally responsible in the absence of section 263 of the Insurance Act (Ontario). Section 263 takes away your right to sue the other person for these losses. We will pay no more to repair or replace the automobile or property than its actual cash value at the time it was damaged.

Note that it says contents. Only caveat is you will only be eligible for the depreciated value, not replacement cost of your phone.
Thank you so much!

I'll try bringing this up again with the adjuster, but does anyone know if my claim is effectively fulfilled because they cut a total loss cheque already?
dirtmover wrote: I was in the same situation as OP and my tablet, which was in my bag at the time, got broken. My provider told me it wasn't covered. I guess they screwed me over on this one.
This is exactly what they told me and the adjuster was super adamant about it.
ES_Revenge wrote: Sure she was the passenger, but likely still not watching the road. At least, from the sounds of it, the phone did not hit her in the face when the bag deployed.
What does her watching the road as a passenger have anything to do with this thread? Let's move on.
Sr. Member
Mar 22, 2004
543 posts
327 upvotes
London, ON
ES_Revenge wrote: Sure she was the passenger, but likely still not watching the road. At least, from the sounds of it, the phone did not hit her in the face when the bag deployed.
I'm sorry, with all due respect, this is the worst comment I have ever seen on RFD. Are you actually blaming the victim here? :facepalm: :facepalm: :facepalm: :facepalm: :facepalm:

I also love all the smart-ass assumptions of everyone that immediately assumed that she was the driver. How about answering the question instead of virtue signalling your moral superiority on incorrect presumptions?

OP: I'm sorry to hear about the accident. I hope that you and your wife were not injured. It is bad enough to be in an accident like this to begin with, let alone dealing with additional expenses which you didn't cause.

My first reaction was "homeowners insurance", however, like you, I would be leery to launch a claim considering the ramifications of payments rising. The reply by Capt. is interesting, but somehow I feel the insurance company will define "contents" as those included in the car, not personal contents per se. I'm watching this thread, please keep us posted.
Deal Addict
Oct 1, 2015
1359 posts
1637 upvotes
Barrie, ON
ES_Revenge wrote: Sure she was the passenger, but likely still not watching the road. At least, from the sounds of it, the phone did not hit her in the face when the bag deployed.
Watching the road is a prerequisite for sitting in the front passenger seat?

Top