insurance claim advice

mrRocher

in the early hours of this morning (sunday), the door to my house was smashed in. Before I was able to get to my senses and get down the stairs, the offender was driving off in the mother-in-laws car. I have a crime number.

She has contacted her insurer and has been informed that they will not pay out.

My mother in law is learning to drive following the death of her husband. The car is was at our house as it is easier for her to practice here. She was not staying the night the car was stolen as she had travelled back using public transport after the last time she was here (friday_

The car is insured in my mother in laws name, my wife is fully comp.

The last journey the car made prior to it being taken (a trip to the shops and to the gym that my wife and mother in law took on friday) my wife drove with my mother-in-law observing from the passengers seat. This combined with the fact that my mother in law was not present in the house at the time of the theft has invalidated the insurance (according to the firm)

I have been up since 3.30 dealing with a frightened pair of children, a lot of damage, an upset mother in law (the car was previously her late husbands) and a nervous wife. I have not even had a chance to think about this issue.

Can anyone suggest where I can turn to for some advice? The insurance company were happy to take my mother in laws money, knowing she could not actually drive yet, however now they say that her not actually driving it is a defining factor in our inability to claim. I am so tired I can't think straight. I have enough to deal with, without having to battle an insurance company today. My mother in law is a member of the AA. is it worth her calling them? I just don't know where to start.

Any suggestions would be a really great help in a tough time.

huckster

Your MIL needs to register a complaint with the Insurers, using the complaints procedure noted in the policy wording.

Sometimes claims are rejected following the first notification of loss, but then you need to make a complaint to enable a more considered decision to be made.

The Insurers are basing the decision on the basis that the MIL was not the last driver of the car before the theft and had left keys behind in a house that was not her own. I think therefore, a full explanation and pleading needs to be made in writing in the form of a compliant.

Ultimately, if the Insurers won't budge, she can take it to the Financial Ombudsman.

Loughton_Monkey

huckster wrote: »

The Insurers are basing the decision on the basis that the MIL was not the last driver of the car before the theft and had left keys behind in a house that was not her own. I think therefore, a full explanation and pleading needs to be made in writing in the form of a compliant.

This is most unlikely. I have never seen such an exclusion.

More likely, it is because the proposal form stated that the car was normally garaged at....[Insured's address].... and clearly it wasn't.

huckster

Loughton_Monkey wrote: »

This is most unlikely. I have never seen such an exclusion.

More likely, it is because the proposal form stated that the car was normally garaged at....[Insured's address].... and clearly it wasn't.

I thought that. But this reason has been quoted by others and people more experienced with claims have confirmed it. Not sure which exclusion they are on about when they have said this. Reasonable precautions to prevent loss, by keeping the keys safe following access to the vehicle?

Personally I thought that a theft of keys from a house, even if from a relatives house which she was visiting, would not be a valid reason for declining a claim. I took it from the OP that the MIL was not permanently staying at their address.

Quentin

mrRocher wrote: »

My mother in law is a member of the AA. is it worth her calling them? I just don't know where to start.

Any suggestions would be a really great help in a tough time.

The AA will have a motoring legal advice dept she could contact for advice.

The OP mentions the daughter having "fully comp" insurance - is that on the M-i-L's policy? (Otherwise it's irrelevant as she wouldn't have any cover for the vehicle if driving it using her DOC cover on her own comprehensive policy.

But if the daughter is a named driver on the M-i-L's policy, then the theft of the keys from her house shouldn't be a reason for refusing the claim (assuming the keys were kept safely).

The_Broker_2

This does not sound right! On the face of it it sounds as though there is more to it than meets the eye and more than what you've posted (just an unbiased first impression)

You need to establish the exact reasons for declining the claim and then deal with it from there.

mrRocher

Mr Broker. I may have to take you up on your offer of advice. The insurance company are not budging and looks like this will be a long-haul.

Quentin

As a first step she needs their reason for rejecting the claim in writing. Then she can follow the appropriate course for appeal/complaint.

The_Broker_2

Quentin wrote: »

As a first step she needs their reason for rejecting the claim in writing. Then she can follow the appropriate course for appeal/complaint.

Yep, this exactly

Find out the exact reasons and take it from there

lisyloo

The car is insured in my mother in laws name, my wife is fully comp.

I may be off beam here, but if the wife was driving on DOC extension and not as a named driver, then as the last driver, is it her insurance that has to provide cover here (which it won't if it's TPO) or is that not correct?

Quentin

This was posed earlier, (#5), though no answer from the OP.