tool insurance!

mandiesnackz

Hi
My partner has recently had his tools stolen from his van :-( luckily though he has tool insurance with autonet :-) however now he has put in a claim they are saying he is not insured because there was no sign of a break in!
We believe that they used the suction technique or key cloning to gain entry which we were actually unaware of till this happened!
100s of vans have been hit in the area in the last few months with no break in signs! When we took the policy we were pacifically told all we would need was a crime number which we have!
Can anyone advise us on what to do?
We can't afford to replace them and without them he can't work :-(
Thank you

mikey72

Not quite the same, but I know of a similar case with a motorhome.
No forced entry, but the contents were stolen, and the insurance were trying to refuse to pay as they claimed it must have been left unlocked.
Evidence was found from online sources that you can get in a ducato with a damp lettuce, and pop the locks, I think the FOS may have been mentioned, and the insurance company paid out.
If you can find evidence of how easy it is to get in without leaving a mark, and the more evidence the better, submit it all, and then if no joy take it to the FOS.
It doesn't help short term though I'm afraid.

mandiesnackz

Thank you Mikey for your responce!
That was pretty much what I thought I should do! Thanks for confirming it, it gives me a little reassurance! ( if not insurance - sorry bad but couldn't resist!)
It just seems ridiculous to me and very frustrating!
seriously will only pay out if damaged - that would cost them more!
Everything is advanced today including crime but unless the windows smashed and you have a photo of someone running away with a swag bag you can't claim!
Anyhow I have read and re-read the terms and I think I have the answer!
They have in the contract the following wording under
EXCEPTIONS AND LIMITATIONS.
OWN TOOLS
-theft unless following violent &/or forcible entry into locked store or building of substantial construction or motor vehicle.

Now when the other half read this he thought the worst as no damage was caused however I read the or! As I see it the entry was forced as they did not have the key and the vehicle was locked with no windows open! It does not state the type of force needed to be a claim so I understand that any force is accepted! To get into my partners locked vehicle force was used! I think they will try to push the violent part but it clearly states in black and white or! The black and white print was what they were relying on to not pay the claim be saying it states that the vehicle must have damage to enable a claim because of the words violent.........entry!
I will fight this all the way that I have to (as always things never go smoothly for me lol!) and let you know the result!

thanx again ;-)

Dangermac

mandiesnackz wrote: »

Thank you Mikey for your responce!
That was pretty much what I thought I should do! Thanks for confirming it, it gives me a little reassurance! ( if not insurance - sorry bad but couldn't resist!)
It just seems ridiculous to me and very frustrating!
seriously will only pay out if damaged - that would cost them more!
Everything is advanced today including crime but unless the windows smashed and you have a photo of someone running away with a swag bag you can't claim!
Anyhow I have read and re-read the terms and I think I have the answer!
They have in the contract the following wording under
EXCEPTIONS AND LIMITATIONS.
OWN TOOLS
-theft unless following violent &/or forcible entry into locked store or building of substantial construction or motor vehicle.

Now when the other half read this he thought the worst as no damage was caused however I read the or! As I see it the entry was forced as they did not have the key and the vehicle was locked with no windows open! It does not state the type of force needed to be a claim so I understand that any force is accepted! To get into my partners locked vehicle force was used! I think they will try to push the violent part but it clearly states in black and white or! The black and white print was what they were relying on to not pay the claim be saying it states that the vehicle must have damage to enable a claim because of the words violent.........entry!
I will fight this all the way that I have to (as always things never go smoothly for me lol!) and let you know the result!

thanx again ;-)

______________________________________________________
EXCEPTIONS AND LIMITATIONS.
OWN TOOLS
-theft unless following violent &/or forcible entry


Violent entry speaks for itself

Foricble Entry has been legally defined in the past, and includes the simple turning of a key.

Unless the policy excludes theft claims unless there has beeen forcible and violent entry, I think that the insurers will have a problem in turning down this claim.

Moreover, if the van was indeed locked, stick to your guns because there are so many ways now for experienced criminals to enter a property/vehicle without leaving a trace.

Hope this info helps.

DM

mandiesnackz

Also confirming my thoughts- so thats it I'm a sticking to me guns!
I dont mind if they want to try and escape the claim, its simple as the member of staff had great pleasure explaining - 'well its in black and white you should have read it! the contract states the terms and conditions, we can't change them!'

ahhhhh that it does and they appear to state that we are covered!
:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T:T

mandiesnackz

Update:
They decided to pay up as a good will gesture this time (????) but have deducted wear and tear value!
argued with them again as they say not new for old policy but it does not state that on the contract just that stolen goods will be replaced!
They say that where it states you can not claim for replcement tools where your current ones are damaged due to wear and tear actually means stolen tools will face a deduction of wear and tear???
after 2 months of arguing this, have been told its the policy and 10% is always deducted per tool so they are doing us a favour again by deducting 25% overall instead??? We are not dealing with mathamatitions here!
sadly we have to accept as can no longer go on without money to replace tools to get back to work!
Funny though they are sending us a new contract for the remaining time of policy as they have re-worded their mistakes - sorry re-worded the policy to avoid policy holders making the same mistakes in the future and reading the policy as it is written and not realising that unless a.violence is used or that b.the stolen tools you are claiming for had been purchased within the last 24 hours you will not get enough to replace them if you get anything at all! :think:

vaio

take the money and then stick a compliant in

paddedjohn

mandiesnackz wrote: »

Update:
They decided to pay up as a good will gesture this time (????) but have deducted wear and tear value!
argued with them again as they say not new for old policy but it does not state that on the contract just that stolen goods will be replaced!
They say that where it states you can not claim for replcement tools where your current ones are damaged due to wear and tear actually means stolen tools will face a deduction of wear and tear???
after 2 months of arguing this, have been told its the policy and 10% is always deducted per tool so they are doing us a favour again by deducting 25% overall instead??? We are not dealing with mathamatitions here!
sadly we have to accept as can no longer go on without money to replace tools to get back to work!
Funny though they are sending us a new contract for the remaining time of policy as they have re-worded their mistakes - sorry re-worded the policy to avoid policy holders making the same mistakes in the future and reading the policy as it is written and not realising that unless a.violence is used or that b.the stolen tools you are claiming for had been purchased within the last 24 hours you will not get enough to replace them if you get anything at all! :think:

tell them you will accept as long as they use the first calculation of 10% off per tool :rotfl:and find a new policy for next year.

Quote

Do the FOS deal with claim complaints?

vaio

yep, but it takes a while and you must have exhausted the company complaints procedure first (or waited 8 weeks without a answer)