Car stolen by son - advised not covered

amandar74

RuthnJasper wrote: »

This might be the point on which hangs the crux of the issue. Insurers could argue that if the keys were hanging up on the usual key-hook, or wherever the keys are generally stored, then their case might be that the keys were "made available" to the son.

Amandar - I am sorry that you have found yourself in this situation. It must be bad enough to go through the distress of a child (albeit a grown one) committing a crime and having to go to court - but to have the double-whammy of the crime actually being committed against you, leading also to the destruction of an expensive car, along with the insurance complications must be almost unbearable.

Hope things start looking up a bit for you soon. x

Many thanks for your comments, the keys were in my handbag which was downstairs in my house. I obviously didn't expect to have to hide them. x

Incyder

amandar74 wrote: »

My Son was charged with Aggravated vehicle taking

1) what was his punishment ?

2) are you going to let him continue to live with you ?

3) if so, what security measures will you take to ensure it won't happen again ?

4) 'aggravated' that shows some sort of force or threat happened. Otherwise it would have been TWOC (taken without owners consent) so whats the story ?

thanks.

starrystarry

Incyder wrote: »

1) what was his punishment ?

2) are you going to let him continue to live with you ?

3) if so, what security measures will you take to ensure it won't happen again ?

4) 'aggravated' that shows some sort of force or threat happened. Otherwise it would have been TWOC (taken without owners consent) so whats the story ?

thanks.

Hopefully the OP's response to this will be "none of your business".

RuthnJasper

amandar74 wrote: »

Many thanks for your comments, the keys were in my handbag which was downstairs in my house. I obviously didn't expect to have to hide them. x

Actually, then, that probably rules out my point. The keys were not necessarily readily available to him - he had to go rifling through your handbag in order to seek them out.

That's a really horrid thing for someone to have done to their mum (to anyone actually, but especially rotten to do it to your own mum). I'm sorry. Hope your son learns his lesson from this whole affair and realises how much his actions have hurt those who love him. x

Sally_A

I think aggravated theft is the name that replaced joy riding.

I wasn't having a pop at the OP, but insurance companies have tightened up their small print in the knowledge that the more unscrupulous parents will insure a vehicle in their name, allow a young driver to use it, safe in the knowldege they won't get pulled over by a simple ANPR check as the vehicle will show as being on the MID, cops then have to check with the MID as to who is actually allowed to drive the vehicle, which is a bit long winded for most. The young drivers only then get caught out when they have an accident, which approx 10% of young males will do, most of these will be small bumpettes, but a couple will be big expensive incidents.

lisyloo

well said Starry (both your last 2 two posts) :-))

muskoka

OP - I'm so sorry for you. How awful to have to try to keep your son on the straight & narrow (most of us have kids and its hard). And then he does this to you. I really do feel awful for you and hope things improve for you soon.

bouncydog1

Can you post a link to the actual wording so that this can be reviewed?

Looking at the clause in isolation doesn't allow a full picture.

noh

Incyder wrote: »

4) 'aggravated' that shows some sort of force or threat happened. Otherwise it would have been TWOC (taken without owners consent) so whats the story ?

thanks.

Here is the definition of aggravated taking of a vehicle from the 1968 Theft Act.

http://www.legislation.gov.uk/ukpga/1968/60/section/12A

12A Aggravated vehicle-taking..
(1)Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if—.
(a)he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and.
(b)it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below..
(2)The circumstances referred to in subsection (1)(b) above are—.
(a)that the vehicle was driven dangerously on a road or other public place;.
(b)that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;.
(c)that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;.
(d)that damage was caused to the vehicle.

amandar74

bouncyd!!! wrote: »

Can you post a link to the actual wording so that this can be reviewed?

Looking at the clause in isolation doesn't allow a full picture.

I currently only have a hard copy of the booklet but I will ask the insurer for an electronic copy and post it on here. Thanks