Insrance Liability Question HELP QUICK PLEASE

nigel1972_2

HI
I am currently having a long running issue with insurers over a leased car I had that was stolen.
In summary, after a long 7 months the assessors report has been accepted and both parties have agreed that the car keys were probably left in my house, on a window sill near my front door. and someone entered the house and took them, then took my car from the driveway.
Issue is the door was unlocked, closed but unlocked, 2 people were inside. Now the insurers have not paid out and the leasing company want 10k for the vehicle. They have found the vehicle, sold it off and are asking me to pay the remainder. After another long discussion as it is a car needed for me as I am disabled they have asked me to 'suggest' what percentage to blame I am, and therefore my part of the monetary liability.
Has anyone experience of this and can anyone suggest a acceptable figure, legally and morally, I have been asked to reply by Friday.
Many thanks.

dacouch

From the sounds of it your motor Insurers should pay your claim,have they declined the claim and if so on what grounds ? (I assume they are saying you were reckless).

Which Insurer are you with ? (Is it RSA under the motobility scheme)

nigel1972_2

Hi There
Yes you are right an all accounts Dac, didnt know if I was allowed to name companies.

nigel1972_2

In addition, the insurers have said that if a compromise amount is not reached they will withhold my Mobility benefit for the next 2 years and I will also not be allowed to participate in the scheme in the meantime, I am wheelchair user, partially sighted and have a number of other health concerns, so a car is essential.

dacouch

What were the circumstances of the door being left unlocked eg had you gone to bed for the night or were you inside the house or in the garden etc

nigel1972_2

Hi Dac
I was out with my Dad, my Mum and Sister were inside, door unlocked because not everyone was in bed. When we returned doors would have been locked before bed, until then, cos we two were out, door was unlocked, keys on windowsill inside the hallway, living room door shut and probably TV on loud cos noone heard a thing.

dacouch

Had your mum and sister gone to bed ?

nigel1972_2

no, they were still up

dacouch

These types of thefts are surprisingly common.

I have not yet seen an Insurer (Although there may be one and it's is likely to change at some point) that specifically states that car keys must be kept in a locked building when not in use.

I assume RSA are denying paying the claim by saying you were "Reckless" by not locking your door. There is no proper definition of reckless although it is often defined as thus "'It must be at least reckless, that is to say, made with actual recognition by the insured himself that a danger exists, and not caring whether or not it is averted."

I don't think leaving your front door unlocked (Assuming it was not ajar)when you are in the house is Reckless and I doubt the Ombudsman will agree that you were reckless.

You need to write a letter to RSA marked "Official Complaint" and sent recorded delivery the address to send it to is in your policy under "How to make a complaint. Keep the letter short and concise but basically state that your mother and sister were still awake and expecting you both back before retiring for bed and locking the front door. Mention that the Ombudsman is unlikely to regard these actions as being "Reckless" and that they do not specify in the policy that the keys must be in a locked building (I cannot view their policy but assume they don't have this restriction).

Finish the letter by noting that if you do not receive satisfaction to your complaint you will go to the Ombudsman.

You have to allow RSA time to investigate your complaint and respond back to you before going to the Ombudsman, unfortunately the ombudsman will take the best part of a year to handle your complaint but RSA may relent when you make an official complaint and your file is reviewed by someone higher.

mexicanhat

Hi Nigel

Was the front door definitely opened to access the keys? Were the keys/window sill close enough to the front door for a hook or similar implement to be used via the letter box? This method is common to access keys to a car. If they obtained keys via letterbox it would be irrelevant whether the door was locked.

Agree with other poster escalate using complaints system. To repudiate the claim Insurers need to show that you were reckless, that means that you considered the risk and that you took it anyway. the onus remains with Insurers to prove you were reckless, rather than for you to prove that you were not.

Good luck with it