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Phone destroyed in addition to auto damage

by Andrew

I was hit while stopped in traffic by the car behind me, who was herself pushed into me by a driver who was cited at the scene for driving too fast for conditions and following too closely. My car is considered a total loss (1998, damage was not terrible but its 14 years old...) and I have some minor injuries as well, for which I have seen a doctor and will be following up with a specialist (Physical Therapist) ASAP.

My doctor was very clear that I should be careful documenting my symptoms as they have gotten significantly worse in the 2 days since the accident. The total out value of the car they came up with seemed fair to me, but in addition to the car my 3 month old phone was damaged (it bounced around the passenger compartment a good bit, I had trouble finding it after the accident) and now is non-functional.

I mentioned this to the adjuster who said she would "look into it" if I would just provide a receipt for how much I paid. This is a brand new phone and like many phones these days is subsidized by my carrier with a contract renewal. I paid around $100 for the phone but my cost to replace it is going to be $599+ taxes. Do they have any right to see what I paid for the phone or are they obligated to pay to replace the property that was damaged as a result of this accident?


Hello Andrew,

They must put you back in the position you were before the accident. You had a $599 phone that is a few weeks old or a few weeks old, they must give you the same (regardless of what you paid).

Just remember that there is depreciation in electronic equipment. This may be an issue as sometimes the depreciation can be pretty harsh.

Good Luck,

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