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tl01

macrumors 68020
Original poster
Jun 20, 2010
2,350
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My kid is being bullied by another kid at school. We already left the club soccer team partially bc if this kid. The school hasn’t really helped until today they brought in the officer..who I asked for a month ago!

Anyway...during the physical altercation my kid didn’t start today..his phone was knocked to the ground and then the bully scraped it on the ground with his foot...screen down. It was in a case for once so damage was minimized...but the screen is still scratched. Deputy said he would try to get the screen replacement paid for....by the parents if I bring a receipt. I have apple care plus but don’t want I use it if I don’t have to. Would you pay the full price and risk the parents never pay?
 
Just print out the Apple Service Pricing page. The prices are listed quite clearly.
 
Legally speaking, the parents are legally responsible for the bully's actions. Ergo, the damage to your son's phone should be paid by the other parents. It is a civil matter and if the other parents refuse to pay, take them to small claims court. Do not pay for the damage yourself. That is illogical. The bully and his parents need to learn that bad actions have consequences.

The right thing to do is to give the bully parents the quote under AppleCare. If you give them a quote without AppleCare, you would be perpetrating a fraud on the court. Show your son the right way to handle this situation. Paying for the repair without seeking renumeration is not handling the situation properly, in my opinion.
 
Legally speaking, the parents are legally responsible for the bully's actions. Ergo, the damage to your son's phone should be paid by the other parents. It is a civil matter and if the other parents refuse to pay, take them to small claims court. Do not pay for the damage yourself. That is illogical. The bully and his parents need to learn that bad actions have consequences.

The right thing to do is to give the bully parents the quote under AppleCare. If you give them a quote without AppleCare, you would be perpetrating a fraud on the court. Show your son the right way to handle this situation. Paying for the repair without seeking renumeration is not handling the situation properly, in my opinion.

No. I am not trying to commit fraud. I don’t want to use one of my apple care uses because of this kid. I paid for the apple care upfront too. When I give anything to the deputy it has to be for what I have already paid. The parent doesn’t know I have apple care. And I either use one or pay the full price for screen replacement. I have to pay before anything is reimbursed.
[doublepost=1545185841][/doublepost]
I have to pay...not quote.
[doublepost=1545185871][/doublepost]
Just print out the Apple Service Pricing page. The prices are listed quite clearly.
Deputy says I have to give a receipt for what I paid.
 
Legally speaking, the parents are legally responsible for the bully's actions. Ergo, the damage to your son's phone should be paid by the other parents. It is a civil matter and if the other parents refuse to pay, take them to small claims court. Do not pay for the damage yourself. That is illogical. The bully and his parents need to learn that bad actions have consequences.

The right thing to do is to give the bully parents the quote under AppleCare. If you give them a quote without AppleCare, you would be perpetrating a fraud on the court. Show your son the right way to handle this situation. Paying for the repair without seeking renumeration is not handling the situation properly, in my opinion.
Isn't AppleCare for "accidental" damages? Since it seems that the damage was caused intentionally by the bully, as per the description by the OP: "during the physical altercation my kid didn’t start today..his phone was knocked to the ground and then the bully scraped it on the ground with his foot...screen down"

It wasn't like the "bully" walked into the kid accidentally and the phone was dropped. It was a physical altercation which led to the damage of the phone. Therefore, shouldn't the bully be responsible for the full replacement cost?

Seems ridiculous that the OP should be required to use one of the two incidents for this. But I'm not a lawyer, so I don't know.
 
Isn't AppleCare for "accidental" damages? Since it seems that the damage was caused intentionally by the bully, as per the description by the OP: "during the physical altercation my kid didn’t start today..his phone was knocked to the ground and then the bully scraped it on the ground with his foot...screen down"

It wasn't like the "bully" walked into the kid accidentally and the phone was dropped. It was a physical altercation which led to the damage of the phone. Therefore, shouldn't the bully be responsible for the full replacement cost?

Seems ridiculous that the OP should be required to use one of the two incidents for this. But I'm not a lawyer, so I don't know.

It was intentional and the kid admitted to it being intentional.
 
Isn't AppleCare for "accidental" damages? Since it seems that the damage was caused intentionally by the bully, as per the description by the OP: "during the physical altercation my kid didn’t start today..his phone was knocked to the ground and then the bully scraped it on the ground with his foot...screen down"

It wasn't like the "bully" walked into the kid accidentally and the phone was dropped. It was a physical altercation which led to the damage of the phone. Therefore, shouldn't the bully be responsible for the full replacement cost?

Seems ridiculous that the OP should be required to use one of the two incidents for this. But I'm not a lawyer, so I don't know.
The right thing to do, is to take the phone to the Apple Store and be honest about what happened (if asked). Seeing how the phone is registered with AppleCare+, I don't believe Apple will perform a repair on the device without it being listed as AppleCare+ warranty repair. If they did, I would be surprised. Performing the work on said phone without using one of the incident repairs would put Apple and the owner of the device in a bad position, if something else (unforeseen) should happen to the phone and is somehow related to the work that was performed, or was due to a underlying problem caused by the bully that was not detected by Apple at the time.

The OP can certainly ask Apple to repair in full without using a incident claim. If I were the employee or manager at said store, I would not acquiesce to the request.
 
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The right thing to do, is to take the phone to the Apple Store and be honest about what happened (if asked). Seeing how the phone is registered with AppleCare+, I don't believe Apple will perform a repair on the device without it being listed as AppleCare+ warranty repair. If they did, I would be surprised. Performing the work on said phone without using one of the incident repairs would put Apple and the owner of the device in a bad position, if something else (unforeseen) should happen to the phone and is somehow related to the work that was performed, or was due to a underlying problem caused by the bully that was not detected by Apple at the time.

The OP can certainly ask Apple to repair in full without using a incident claim. If I were the employee or manager at said store, I would not acquiesce to the request.

I have paid in full for a repair before when I didn’t want to use apple care plus. It was an unusual situation... but I have done it. They will do it whichever way I ask.
 
The right thing to do, is to take the phone to the Apple Store and be honest about what happened (if asked). Seeing how the phone is registered with AppleCare+, I don't believe Apple will perform a repair on the device without it being listed as AppleCare+ warranty repair. If they did, I would be surprised. Performing the work on said phone without using one of the incident repairs would put Apple and the owner of the device in a bad position, if something else (unforeseen) should happen to the phone and is somehow related to the work that was performed, or was due to a underlying problem caused by the bully that was not detected by Apple at the time.

The OP can certainly ask Apple to repair in full without using a incident claim. If I were the employee or manager at said store, I would not acquiesce to the request.
From: https://www.apple.com/legal/sales-support/applecare/applecareplus/docs/applecareplusnaen.html

3. What is not Covered?
(d) to repair damage caused by reckless, abusive, willful or intentional conduct, or any use of the Covered Equipment in a manner not normal or intended by Apple;

I interpret that as the OP cannot use AppleCare for this incident.
 
From: https://www.apple.com/legal/sales-support/applecare/applecareplus/docs/applecareplusnaen.html

3. What is not Covered?
(d) to repair damage caused by reckless, abusive, willful or intentional conduct, or any use of the Covered Equipment in a manner not normal or intended by Apple;

I interpret that as the OP cannot use AppleCare for this incident.
If she is asked by Apple what happened and she is honest, she may be refused. If she is honest, they may still proceed with warranty work.

I understand what you are saying. I am not disagreeing that the action was intentional. I am just saying be honest with Apple (if asked) and see what they say. If they refuse warranty work, then full price has to be paid. Either way, the OP is entitled to the cost of repair for damage to the phone by the bully parents.
 
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If she is asked by Apple what happened and she is honest, she may be refused. If she is honest, they may still proceed with warranty work.

I understand what you are saying. I am not disagreeing that the action was intentional. I am just saying be honest with Apple (if asked) and see what they say. If they refuse warranty work, then full price has to be paid. Either way, the OP is entitled to the cost of repair for damage to the phone by the bully parents.
So basically explain the situation to Apple and then let Apple make that determination? That seems fair enough to me.
 
I have paid in full for a repair before when I didn’t want to use apple care plus. It was an unusual situation... but I have done it. They will do it whichever way I ask.
This time may or may not be different. Never assume that past actions by the store dictate future action in kind.
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So basically explain the situation to Apple and then let Apple make that determination? That seems fair enough to me.
Yes. As long as the OP gets everything in writing from Apple before she leaves the store with her repaired phone, she should be covered, should a problem arise in the future.

OP: DO not settle for any oral promises from any employee at the store. Make sure everything is in writing, especially when signing the work order. Every little detail as to age, serial number and damage etc. needs to be fully documented. Take pictures of the phone before entering the store, at the store when you sign the work order, and when you go to pick up the repaired phone. Make sure to test the phone before signing any release and exiting the store.
 
My kid is being bullied by another kid at school. We already left the club soccer team partially bc if this kid. The school hasn’t really helped until today they brought in the officer..who I asked for a month ago!

Anyway...during the physical altercation my kid didn’t start today..his phone was knocked to the ground and then the bully scraped it on the ground with his foot...screen down. It was in a case for once so damage was minimized...but the screen is still scratched. Deputy said he would try to get the screen replacement paid for....by the parents if I bring a receipt. I have apple care plus but don’t want I use it if I don’t have to. Would you pay the full price and risk the parents never pay?

Wow, that’s really horrible. Hope your little one’s okay. :(

Agree with the other posters about taking it to Apple, being honest about the situation, and letting them make the determination. They should be able to provide you a quote in writing before going ahead with any payment.
 
I think I am being confusing....I am paying either way for the repair. I don’t want to use my apple care plus if they parents are going to pay but I won’t have a clue if they will pay until after the screen replacement is done. I think I will just pay the full cost and take the risk. I’m pretty angry about how this kid keeps going after mine...and maybe this will wake his parents up?!
 
Where did everyone on this thread go to law school? No you don’t have to pay before you can recover from the parents. News flash, cops don’t know everything. Is this cop going to personally make the parents give you money?
 
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Where did everyone on this thread go to law school? No you don’t have to pay before you can recover from the parents. News flash, cops don’t know everything. Is this cop going to personally make the parents give you money?

You’re right. Law Enforcement cannot force the parents to pay for the damage, they can only relay the complainants wishes that they want to be compensated for the damage. If the OP wants the damages covered, either the parents pay for it willingly or it’s a civil proceeding through a court process.
 
From: https://www.apple.com/legal/sales-support/applecare/applecareplus/docs/applecareplusnaen.html

3. What is not Covered?
(d) to repair damage caused by reckless, abusive, willful or intentional conduct, or any use of the Covered Equipment in a manner not normal or intended by Apple;

I interpret that as the OP cannot use AppleCare for this incident.

How was the kid who owned the phone, reckless, abusive or exhibited intentional conduct that resulted in the phones damages?
 
Legally speaking, the parents are legally responsible for the bully's actions. Ergo, the damage to your son's phone should be paid by the other parents. It is a civil matter and if the other parents refuse to pay, take them to small claims court. Do not pay for the damage yourself. That is illogical. The bully and his parents need to learn that bad actions have consequences.

The right thing to do is to give the bully parents the quote under AppleCare. If you give them a quote without AppleCare, you would be perpetrating a fraud on the court. Show your son the right way to handle this situation. Paying for the repair without seeking renumeration is not handling the situation properly, in my opinion.

I agree with what you're saying about the bully's parents being responsible, but I don't agree that it's fraud or morally wrong to not use AppleCare. This is not what the AppleCare coverage was purchased for, and don't you only get a limited number of "incidents"? So even if the parents cover the monetary cost, the OP would still have effectively suffered a loss.
 
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How was the kid who owned the phone, reckless, abusive or exhibited intentional conduct that resulted in the phones damages?
This is what I was going to point out. I read Apple's policy as "intentional damage by the owner to get a replacement or repair won't be covered". Just because this little cretin decided to damage OPs kids property doesn't mean the warranty can't be used.

At least that's my interpretation.
 
I don’t see how taking the parents to small claims court is worthwhile, assuming they don’t pay. Assuming you don’t want to use AC+ the cost of screen repair is $279. There are court filing fees + the time you spend doing this. I doubt any lawyer would take this on, but if so there’s that fee too.

If Apple requires you to use an AC+ “incident” you’re going to sue for $29?

Sorry you have to go through this and more so that your son has been going through this. I know it’s principle, that the worthless kid’s parents (also likely worthless people) should pay, but is it worth more hassle if they don’t pay? The kid deserves a kick in the nuts and parents (and school) a stern talking to that the next time this happens you’ll press charges for repeated physical bullying and inaction of school employees.
 
The dad called my husband today as we know each other through a sports team.
We will work on getting the boys to get along and he offered to pay for a reasonable screen replacement. I think it is in my best interests for my kid to do it with apple care as the other will seem excessive and I am
not willing to go for a non apple screen.
 
The dad called my husband today as we know each other through a sports team.
We will work on getting the boys to get along and he offered to pay for a reasonable screen replacement. I think it is in my best interests for my kid to do it with apple care as the other will seem excessive and I am
not willing to go for a non apple screen.

You are being reasonable by using YOUR AC+ to cover the screen?

You are nicer than me.
 
Can someone explain to me how bullying works in US?

Do the laws of assault and battery, destruction of private property and theft not apply to minors?
 
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