Insurance replacement phone

[Mike473]

Need some good advice. Here is my situation.

While I was on vacation a couple weeks ago, I left my phone on top of my car after loading our gear at the beech. The phone flew off the top of the car at about 40 mph, and got beaten up pretty bad. I did have the insurance. The phone I had was the Driod with pull out keyboard.

When I called the insurance, they would only replace it with the Eris. That was not the phone I wanted, but I accepted because I need a phone. I called Verizon to let them know I got the droid because I like the pull out keyboard and was very disapointed that they would not replace it with Driod 2. They offered to move up the contract date so I could upgrade to whatever I wanted. I went to the store and did just that.

So, right at this moment, I have my broken Driod, the Eris the insurance company sent me still in a box on my desk, and the new Driod 2 I just got. I am sending the broken Driod back to the insurance company tomorrow as is required. This still leaves me with the new Eris. What can i do with it? Can I sell it? Should I return to the insurance company, or am I just stuck with the phone, whether I use it or not? I had read some internet postings that seem to indicate that reselling is not allowed. I would like to get at least the $89 back i spent on the insurance deducable. The new driod I got cost me a couple hundred, but that was my choice, so I am not trying to really recoup anything for that.

Any thoughts??

 

[anon(40376)]

Can't you send the Eris back to the insurance company, get a refund for the $89.00 deductible; throw away the broken droid?
Just tell them what happened, that you did not want a replacement, other than a droid with a slide out keyboard and that their replacement policy sucks.

If they won't do it. I cannot see any reason why you could not sell the Eris. You are not committing any type of insurance fraud, they sent a replacement for a broken droid, you returned the broken droid to them. On your own, you went out and purchased another phone from Verizon.

I'm not an attorney and I didn't sleep in a Holiday Inn last night. But I see these as two options.