HELP! Car Theft - Zurich Insurance refuse to pay out, stating the keys don't match

MDKUK

Please help
My mercedes 4x4 57 reg lease car was recently stolen from outside my house (on the drive, between 11pm and 6am). Immediately reported to Zurich, the police and the lease company.
Zurich asked for the keys documents etc. I sent everything (2 sets of keys).
Zurich then informed me that the blades within the smartkey match, but the smartkeys don't... therefore they refused to pay out.
Meanwhile the lease company want to be paid out. So I now have no car, 6 months remaining on the lease agreement and have to pay them out for their car. There is no financial gain to me whatsoever as I don't even own the car!!
I have escalated this to the Loss adjuster who has actually been quite blunt, that they keys were sent to Mercedes who verified the blades matched and the fobs didn't. They also claim that it is impossible to steal the car with out the key..
I have no explanation why the blades match and the smart keys don't.
They have made me feel like a liar, which I can assure anyone reading this I am most definately not.
Can anyone out there who has experienced something similar or can offer me some advice.
I am aware that I can approach the ombudsman or small claims court..
Oh and just to add insult to injury, I have legal cover with Zurich but of course am unable to use this against them.
Thank you I'm at my wits end

Anihilator

have you asked the lease company. Sometimes lease cars can be slightly different due to requests they make or do.

MDKUK

The Lease Company state that it is my responsibility to insure the vehicle, therefore, I need to now give them the market value of the car. They have no insurance that also covers the car.

Anihilator

MDKUK wrote: »

The Lease Company state that it is my responsibility to insure the vehicle, therefore, I need to now give them the market value of the car. They have no insurance that also covers the car.

I meant as to why the keys arent right.

MDKUK

The lease company had no explanation for me, they provided me with the car from new with 2 sets of keys. The main set and a spare. The spare I used a couple of times for airport parking (meet and greet). So I know that they did both work at one time. And as I stated earlier the 'key blade' inside did match, its the 'transponder smart key' that doesn't match.
I have now got the keys back from Zurich, so will get my own check done on them with Mercedes.

mattymoo

I suspect Mercedes will not wish to confirm an error with the key since it would suggest a bit of a problem with their vehicle security systems.

I'd by probably looking at getting a forensic investigation report done on the key by a specialist firm such as Burgoynes. Insurers use them a lot for product defect claims, fire claims and so on. They'll produce a report on the keys and if it supports your assertions, the insurers will need to reimburse the fee.

In the meantime, try looking on Mercedes owner forums to see if anyone has had similar key issues with your model car. Most marques have an owners club and discussion forum these days.

raskazz

My first course of action would be to ask them why they think this discrepancy with the keys is material to the theft. Do they have any other evidence that keys were used to take the vehicle? Unlikely as it may seem as the vehicle was on your driveway, it is not unknown for the more desirable vehicles to be stolen just by putting them on the back of a low loader. Thus it is not impossible to steal any kind of car without a key.

raskazz

MDKUK wrote: »

The spare I used a couple of times for airport parking (meet and greet).

I'm not particularly familiar with 'meet and greet' airport parking. I presume you gave the spare keys to the driver so he parked your car.

How long ago was the airport parking? Is it possible that someone connected with the airport parking tampered with the key?

MDKUK

The last time I used meet and greet was about 3 months prior to the car being stolen. Yes I gave them the spare keys and I didn't check that they key worked after that, it never occurred to me.. but how could I prove that the key may have been tampered with??

raskazz

MDKUK wrote: »

The last time I used meet and greet was about 3 months prior to the car being stolen. Yes I gave them the spare keys and I didn't check that they key worked after that, it never occurred to me.. but how could I prove that the key may have been tampered with??

Well I'm pretty sure what has happened here but as you say it is hard to prove. Not sure whether the Police will be aware of other thefts connected to users of the same parking organisation?

MDKUK

I'll certainly give that a try. Do you think Zurich would consider this 'theft' rather than the 'misleading information' which would seem to be the reason that they won't pay out right now.