I recently broke my screen and filled a classroom with Assurant. I received the replacement device, paid the $175 and sent the broken phone back in their pre paid package. I recorded a letter stating that they never received the package. After talking with them on August 25th and tracking the package (they even called the warehouse who confirmed it was there) they said it was received July 30th. Fast forward to present day, now I am trying to file a claim for a different phone, they are saying the package arrived empty and as of September 30th. They are trying to make me pay $720 for not returning the package. I know the phone was in there as I put it in there. They cannot say as no goes were made as to if the damage arrived opened. What can I do?
Technically, what you have is an insurance breach of contract / bad faith claim. However, given the limited damages, your best bet would be to file a small claims complaint. In small claims court, you are not permitted to be represented by an attorney. However, you may want to consult with one before trial.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline