Question of the Week: Does leaving car windows open for my dog invalidate my car ins?

Former_MSE_Lee

Q. I would never leave my dog in the car without opening a window for him. But does this invalidate my car insurance? Helen, by email

Martin’s A. It’s perfectly possible it could, some policies terms state a car must be locked and all points of entry closed for claims to be accepted – check yours. Yet if you were claiming insurers should look at what’s fair and reasonable eg, did it make a difference that the window was left open - would the theft have taken place anyway?


If you feel your insurer‘s not been fair you can take your complaint to the Financial Ombudsman.

You’re even less likely to be covered if you decide to leave house windows open for a pet, unless they’re windows that lock shut with a small opening, as it’s an easy way for burglars to get into your property, so avoid this where possible.


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kevanf1

You should never leave an animal in a car in the first place. For one thing it is actually illegal as you can very realistically cause harm and suffering and even death to the animal (do you recall the police dog handler who did this not too long ago?). If I saw an animal had been left in a car like this I would not hesitate in breaking the window to allow the heat and fresh air into the vehicle. I'd also contact the RSPCA and the police (for what good they would be referring to my previous note) and have the owner prosecuted.

kalaika

I'm not so sure that the act of leaving a dog in a locked car is illegal, kevan. I suspect it's more that the owners could be prosecuted for animal cruelty or similar if there is harm or suffering due to heat or no air.

In relation to insurance, I would like to think that each claim would be decided on a case-by-case basis, but the cynical side of me thinks that an insurance company would try to use an open window as an excuse not to pay out for a claim, even if the theft was unrelated.

peco

Kevan, I can understand your feelings with regard to leaving a dog unattended in a locked car, however (as a retired Police officer and a long time dog owner) I can tell you that it is not illegal to leave an animal in a locked vehicle. If you have to do so it should be for the shortest time possible and the animal should have access to fresh air, i.e. by leaving a window open.
As the questioner asks, this will in fact affect the cars insurance if it is broken into as the car was left insecure.
Also If you broke a window of a vehicle to rescue a dog you thought to be in distress you would commit the offence of Criminal Damage and could find yourself being arrested, regardless of the circumstances. You would have to prove the animal was in distress, and if you are on your own you would have no witnesses, ergo a charge of Criminal Damageand a criminal record.
If you find a dog in distress in a locked car (window partially open or not) your best option would be to call the police and RSPCA.
If the police officer believes the dog to be in distress he/she has a duty to prevent further or continued harm to the dog and may if absolutly necessary force entry to the vehicle. The officer then also has you as a witness to the animals suffering, therefore no Criminal Damage and also there is sufficient evidence from you and the police officer for the RSPCA to prosecute for cruelty.

Having said all that, there is nothing more satisfying than breaking a window to rescue a suffering animal and then telling the vehicles owner that they are going to be prosecuted for cruelty to the animal, oh, and by the way you need a new rear windscreen.

Ian_W

Peco,
Agree with you - but only up to a point.

Dogs left in a car isn't a problem per se and smashing the window where there is no sign that the dog is in any distress or danger is just plain stupid and could actually injure the dog, cause it distress or result in you getting bitten.

Dogs left in a car when it's warm and sunny is a big problem and can result in death in a very short time (minutes). Dogs are good at keeping warm (built-in fur coat, ability to curl up etc) but very poor at keeping cool as they only sweat through their mouths and paws.

Under the latter circumstances the dog could be dead before the police or RSPCA arrived at the scene. Good idea to have a witness who agrees the dog is in distress and to contact the police but I would certainly break the window if I genuinely believed it was in danger of dying.

Would I be prosecuted for criminal damage? I very much doubt it, the offence is causing damage "without lawful excuse" and I cannot see the CPS prosecuting, or a court convicting, someone whose genuine motivation was to save an animal suffering, in distress and danger of dying through the thoughtless act of its owner.

As to the OP's question. If entry is via or helped by the open window then, yes I think your insurer could avoid the claim. If the entry was say by forcing the door and nothing to do with the window then I don't think the FOS would consider it reasonable and fair for an insurer to refuse to pay.

My question to the OP is, why leave your window open? If it's to cool down the car it probably won't be enough unless it's very wide open and you could kill your dog. I certainly haven't heard of a dog (or a person) suffocating in a stationary car with the windows closed through lack of air, have you?