Possible TEP Replacement

[RidleyJ329]

OK, heres the deal, my touch pro is broken. I do have sprint TEP and the problem is that it has been dropped a few times but thats purely because its fallen out my belt holster. funny thing is when ive dropped it before ive no problems aside from a few blemishes. now tonight when i take it out of my case suddenly there a hairline crack on the side along with a small blotch where the lcd ink may have ran and the touch screen does not work at all. now im hoping i can get this replaced with a TP2 but at the very least i will most definitely settle for a refurbed phone. my question to you guys is what do you think the odds are on the TP2 and if not would they consider this physical damage and try to make me pay for a replacement?