car stolen from repair garage

MILLYMOLLY

Hi My husbands car was stolen from a garage last week, apparantly the thief just walked in and took the keys and drove the cr out and nobody noticed. My son is the min driver of the vehicle (22yrs) and had took the car to the garage the week before, he went in to pick it up and thats when they noticed it was gone. Now the insurance co. want a interview with my son over the phone,(approx 1hr), is this normal.

vax2002

I doubt they will be paying out.

MILLYMOLLY

vax2002 wrote: »

I doubt they will be paying out.

why do you think that? It's our insurance that wants the interview but we're claiming off the garage's insurance

vax2002

can you re-write the post with the "facts included" instead of playing peak a boo.
Whos insurance are you claiming off - the garages
whos name is insurance on the car policy on.
Who is the main Driver of the car.
Then I can help, the answers are VERY important

MILLYMOLLY

Ok

Insurance is in husbands name with son as main driver.
We notified our insurance and gave them the details of the garage's insurance.
Our insurance wants the interview with son.

s_b

your legal protection should be fighting your corner against garage for negligence and therefore conpensation for loss
surprised garage havent sorted it
are they thinking you used a spare key

MILLYMOLLY

not sure I don't know what's going on, car was only 3 years old we're gutted didn't ever think anything like this could happen

vax2002

The Insurance company from the Garage will be looking if the car is insured elsewhere to mitigate the claim, they will be looking at the standard contracts to see if they can avoid the claim by enforcing the cars own insurance policy, they can legally do this,
Your insurance company must have been contacted by the garages looking to shift the burden on to them.
Your insurance company are looking at the information that you provided to them in relation to your son been the main driver and someone else been the policy holder, so they can void the insurance.
In short, garage not liable as car insured elsewhere
Your insurance Voided due to incorrect statement of facts.
In short You Do not get paid by either.

My advice here is to ask for any questions to be made in writing ONLY and not to complete any recorded verbal conversation to which you will be read a legal contractual disclaimer that the answers provided will form part of the investigation.
I can not advise you on how to answer the questions due to legal reasons, I can advise you to communicate in writing only so you can carefully consider the consequent outcome of any such questions in relation to the contract you made.
It sounds like you "could be" in a spot of bother here and it is important you realise this in good time and consider any information you give will be used against you.
PS, it is not unusual for insurance companies to try to avoid paying out, it is the norm.

MILLYMOLLY

Thanks for your advice, I still don't see why we could be in a 'spot of bother' we always stated it was my son who was the main driver.
Can we ask for it in writing and should we get onto the legal department of our insurance.

newfoundglory

I fail to see how making the son the named driver has any relevance to voiding the policy. This is quite clearly the opposite of fronting.

shaun_from_Africa

our insurance company are looking at the information that you provided to them in relation to your son been the main driver and someone else been the policy holder, so they can void the insurance.

This isn't illegal nor is it any reason to void an insurance policy.
It's fine to take out a policy with the legal owner of the car being the proposer and another person named as the main driver provided this is stated when the policy is taken out.