Car stolen by son - advised not covered

mikey72

starrystarry wrote: »

Can everyone stop having a go at the OP please? None of us know the full story behind the incident so we're in no position to judge her. And she did state in the original post that she reported it to the police. She shopped her son to the police. Can we not show a bit more sympathy?

I do think that the exclusion is probably enforceable I'm afraid. It wasn't well written but I think the intention was clear.

It's not well written, and only what is written is enforceable.
Intentions don't count. So it's well worth challenging it.

thorsoak wrote: »

But we, as other policy holders with the insurance company, would have to bear the brunt of your son's illegal activity through higher premiums - would you consider that to be fair?

As that's the whole point of insurance, it seems perfectly fair to me.

Or are you saying the insurance shouldn't pay out if you run into someone, as we would have to bear the brunt of your carelessness through higher premiums?

vaio

amandar74 wrote: »

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

It’s from a different company but does your insurance contain a clause along the lines of

3 What is not covered

We will not pay:

· where your car is taken or driven without your consent by a family member, spouse or partner

taken from page 11 of http://www.admiral.com/policyDocs/AD116 0311 Policy Booklet.pdf

noh

vaio wrote: »

Don’t know about 1, 2 or 3 but TWOC become aggravated if the car is involved in an accident

Yes.
See my post #50 above.

raskazz

vaio wrote: »

It’s from a different company but does your insurance contain a clause along the lines of

3 What is not covered

We will not pay:

· where your car is taken or driven without your consent by a family member, spouse or partner

taken from page 11 of http://www.admiral.com/policyDocs/AD116 0311 Policy Booklet.pdf

Exactly - in the market it's a pretty standard private car policy term to exclude loss arising out of a family member (sometimes extended to any person living with you) taking your vehicle without consent.

Although I have seen some embarrassingly bad wordings in my time, I would be amazed if they were genuinely relying on the quoted term to reject the OP's claim.

The only Premier policy wording that I could find online is a Commercial Vehicle policy at http://www.gladiator.co.uk/pdf/PremierGV1005%20policy%20wording.pdf. It contains the following terms:

In the Loss and Damage section there is an exclusion:

"11. The unauthorised taking away of Your Vehicle by a family member."

In the Fire and Theft section there is an exclusion:

"10. The unauthorised taking away of Your Vehicle by a family member."

Whilst it is a Commercial Vehicle wording, I would be very, very surprised if they included these terms in the Commercial Vehicle policy whilst omitting them from the Private Car policy.

I really think we need to see the policy wording applicable to the OP's policy.

Incyder

Is he in the clink ? If not why not ?

amandar74

vaio wrote: »

It’s from a different company but does your insurance contain a clause along the lines of

3 What is not covered

We will not pay:

· where your car is taken or driven without your consent by a family member, spouse or partner

taken from page 11 of

The way it is written is;
Section 1 - Comprehensive Cover
What is covered
Payment of Claims for Loss or Damage
A. Loss or Damage
What is covered What is not covered
Numerous options 1. Excess
values etc.
2. Loss of use of Your car
3. Depreciation
4. Damage to tyres
5. Mechanical, electrical faults
6. Loss of value to Your car following repair
7. Loss of or damage to your car caused directly or indirectly by deception
8. Loss of or damage arising from theft when left unattended and the ignition keys are left
9. Loss or damage arising from confiscation or requisiton or destruction by Government
10. Loss of or damage to; tv's money, goods, etc.
11. Theft of vehicles from convertibel unless in locked boot.
12. Loss or damage from using wrong fuel.
13. Loss or damage caused by chewing, scratching by pets
14. Loss or damage caused intentionally by You or any member of Your family, or loss or damage someone else causes with Your permission or encouragement.
15. Loss or damage to car from water freezing
16. Loss or damage if approved security or tracking devie is not current.
17. Loss or damage caused to the vehicle if at the time of the incident, it was under the custody or control of anyone with Your permission who is not covered by this policy.
18. Loss or damage to Your vehicle by Malicious Damage unless reported to police and crime reference number obtained.
19. Any damage caused by frost.
20. Any increase of damage as a result of the vehicle being moved under it's own power following an accident.
21. Any storage charges unless you tell us about them and we agree in writing to pay for them.

I have shortened some of the clauses apart from 14 which the insurer directed me to.

amandar74

I have just found a clause in the policy document. This is below
Section 2 - Third Party Fire and Theft Cover
Payment of Claims for Loss or Damage
A. Loss or Damage
What is covered
Numerous again
What is not covered
11. The unathorised taking away of Your car by a family member.

This is only under Third Party (I have double and triple checked)
I had Comprehensive insurance. I don't know if this helps. (I hope so)

Scooby_Doo.

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.

He crashed the car!

Get your facts right before jumping in with both feet.;)

Scooby_Doo.

amandar74 wrote: »

The way it is written is;
Section 1 - Comprehensive Cover
What is covered
Payment of Claims for Loss or Damage
A. Loss or Damage
What is covered What is not covered
Numerous options 1. Excess
values etc.
2. Loss of use of Your car
3. Depreciation
4. Damage to tyres
5. Mechanical, electrical faults
6. Loss of value to Your car following repair
7. Loss of or damage to your car caused directly or indirectly by deception
8. Loss of or damage arising from theft when left unattended and the ignition keys are left
9. Loss or damage arising from confiscation or requisiton or destruction by Government
10. Loss of or damage to; tv's money, goods, etc.
11. Theft of vehicles from convertibel unless in locked boot.
12. Loss or damage from using wrong fuel.
13. Loss or damage caused by chewing, scratching by pets
14. Loss or damage caused intentionally by You or any member of Your family, or loss or damage someone else causes with Your permission or encouragement.
15. Loss or damage to car from water freezing
16. Loss or damage if approved security or tracking devie is not current.
17. Loss or damage caused to the vehicle if at the time of the incident, it was under the custody or control of anyone with Your permission who is not covered by this policy.
18. Loss or damage to Your vehicle by Malicious Damage unless reported to police and crime reference number obtained.
19. Any damage caused by frost.
20. Any increase of damage as a result of the vehicle being moved under it's own power following an accident.
21. Any storage charges unless you tell us about them and we agree in writing to pay for them.

I have shortened some of the clauses apart from 14 which the insurer directed me to.

Can it not be argued the car is a total loss aka write off?

Incyder

Scooby_Doo. wrote: »

Can it not be argued the car is a total loss aka write off?

Try reading it again and not jumping in with both feet.

why would the OP want to argue it is a total loss and therefore uninsured ?

(thats what it will be, but lets all play along for now:p)