stolen car no payout

raskazz

Oscar_The_Grouch wrote: »

RTA Section 145 means the insurers have to cover the loss. The recovery would be against the driver not the insured; insured did not give consent to driving the vehicle so has no liability for the actions of, essentially, a thief.

Yes but on the basis that the insurers have declined indemnity for the theft, they are within their rights to recover from the person who incurred the loss and/or the policyholder.

Oscar_The_Grouch

raskazz wrote: »

Yes but on the basis that the insurers have declined indemnity for the theft, they are within their rights to recover from the person who incurred the loss and/or the policyholder.

Hi raskazz

I thought of that angle too, but I can't see anything in Admiral's policy that would allow for that.

If I loaned my car to you on the understanding that you had "driving other cars" on your policy and you didn't, I would expect my insurers to meet any claim for third party injury if you mowed down a bus queue. I'd also expect them to recover from you rather than me.

I know that this is a completely different set of circumstances to those raised by OP, but in both the actual circumstances and my example above, the insured person is an innocent party.

It's a difficult one, but I really do think that unless there is something here that we're not being told, OP is in the clear.

raskazz

Oscar_The_Grouch wrote: »

If I loaned my car to you on the understanding that you had "driving other cars" on your policy and you didn't, I would expect my insurers to meet any claim for third party injury if you mowed down a bus queue. I'd also expect them to recover from you rather than me.

But why would you expect that to be the case, given that the right of recovery clause is typically worded along the lines of:

"If the law of any country in which you are covered obliges us to pay a claim which we would not otherwise pay, we reserve the right to recover any losses incurred from you or the person who incurred the loss".

?

Clearly they have, in the OP's case - rightly or wrongly - declined the claim due to breach of warranty or condition. Hence they can recover from either the driver or the policyholder.

adouglasmhor

dacouch wrote: »

Keeping your keys in a draw in your own house could not be seen as being reckless, where do you propose people keep their keys in their own house?

In a locked drawer or locked cashbox or cabinet, not in an unlocked drawer that was known to the thief. In a drawer may be fine when you are about but not when you are away.

mattymoo

adouglasmhor wrote: »

In a locked drawer or locked cashbox or cabinet, not in an unlocked drawer that was known to the thief. In a drawer may be fine when you are about but not when you are away.

But where do you keep the key to the locked drawer?

dacouch

mattymoo wrote: »

But where do you keep the key to the locked drawer?

Maybe it's the key for the key that Admiral have the endorsement about...