car stolen from repair garage

newfoundglory

I'd be tempted to decline an interview, and ask for all correspondence in writing.

blacksta

Wise Words - The site so awesome - how much do guys charge per hour - I want to pay.

pitkin2020

I agree with Dave, the garage is at fault so even if the OP doesn't have insurance it has no relevance on this case.

If you hit an uninsured driver and it is your fault the insurer will still pay out even though the person you hit was driving illegally. Quite clearly in this case the garage has been negligent and you should have gone direct to the garage's insurers. Its up to them to prove they weren't negligent!!!

Totally agree with the comments about doing it in writing!!

MILLYMOLLY

pitkin2020 wrote: »

I agree with Dave, the garage is at fault so even if the OP doesn't have insurance it has no relevance on this case.

If you hit an uninsured driver and it is your fault the insurer will still pay out even though the person you hit was driving illegally. Quite clearly in this case the garage has been negligent and you should have gone direct to the garage's insurers. Its up to them to prove they weren't negligent!!!

We thought we had to notify our insurance as well, the garage says their insurance is sending out a claim form this week

shaun_from_Africa

In one way I can see it from the insurance companies perspective.

A car was stolen and it appears that there was no force required to do this so the insurers probably just want confirmation about how many sets of keys there were and who had these.
Saying that , a simple letter should do it and certainly not a 1hr interview with their "fraud dept".

Lum

If your own insurance policy do end up payingout over this I'd get some legal advice and ask if it's possible to take the garage to the small claims court for your increased premiums that you will have for the next 5 years.

newfoundglory

I would have imagined you would have to claim on your own policy, and then have your insurer recover the costs of this from the third party (the garage) who are themselves insured.

shaun_from_Africa

I can't see the OP's insurance company paying out for this at all, and there may also be problems with the garage insurance unless they can prove that the keys were taken from a locked or secure place.
One of the common exclusions in most policies is

What is not covered
(m) Loss or damage to your car arising from theft when the ignition keys are left unattended in or on your car

I know it states that for this exclusion the keys must be in or on the car, but this may well be what the insurers state was the case.

There is also this exclusion which is from my policy. I don't know if it's a common clause in most policies.

SECTION 11: GENERAL EXCLUSION
This insurance does not cover any accident injury loss damage or liability:
1. when the Insured Car is being driven by or is in the charge of for the purpose of being driven by a person who is
not a Permitted Driver or is being used for any purpose not specified in Your Certificate of Motor Insurance
but the Insurer will cover You if
(a) the Insured Car is being used without Your consent
or
(b) the Insured Car is in the custody or control of a member of the motor trade for service or repair

Lifes_Grand_Plan

vax2002 wrote: »

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.

I know it was sorted in subsequent posts, but I think you need to be clearer in posts like this where it looks like you are making statements about the insurance being void when it doesn't appear to be the case.

dave82_2

There was a whole thing a while back about people taking out insurance then putting their son/daughter down as a named driver to get a cheep policy. If the insurance policy has accepted the son as the main driver then sure there won't be any issue. However if the policy simply has the son down as a named driver they might try and use this to wriggle out of paying out a claim (but they shouldn't with this claim as this has no relevance).

I doubt the fraud department are involved for any other reason than to make sure your son dropped the car off when he said he did and tired to pick it up when he said he did and that he didn't pick it up.

Of course you are right to inform your insurers as they should be on your side. They probably just want to make sure it wasn't your son who picked the car up. I really wouldn't panic. Just make sure he sticks to that topic.