car stolen from repair garage

pitkin2020

hhmm not quite, if the car is found without a mark on it fair do. BUT if its found smashed up whos going to be responsible for the claim. The OP's insurers are likely to say the garage as it was in their possession and the garage insurers might not be covering it because there is no sign of a break in or force used to obtain the keys.

dacouch

vax2002 wrote: »

They do it over the phone so they can use lie detector software on the call, which has not been proven to be accurate.
You are under no legal obligation to co-operate with such a stupid process, they can write and ask for a statement.
You have done nothing wrong, if the insurance covers the liability then they will have to pay up and not try to trick you out of it.
If they refuse, you can ask a legal expert to "tax" (inspect) the contract and if you are covered you can sue for it to be enforced.
Let them explain to the court that they wont pay because you refused a lie detector test...
http://www.thisismoney.co.uk/money/mortgageshome/article-1512762/Will-a-lie-detector-catch-you-out.html

There are only a very tiny amount of Insurers that use Lie Detector Software as it's not reliable (I'm not even sure the companies such as Highway who tried the software still use it. The companies that use / used it make it clear in their paperwork that they use the software and a warning is given at the start of the call.

The vast vast majority of Insurers use "Cognitive Interviewing" which is many times more accurate if the staff have been properly trained in it's techniques.

Insurers are entitled to gather the correct information about a claim to ensure it is something that is covered by the contract (Policy) and fraud is not being committed.

The ombudsman or a court of law would not enforce an Insurer to pay a claim if they are reasonably gathering information about a claim.

Virtually every policy contains a clause tto the effect that you must assist provide information and assist the Insurer.

Here is the relevant wording from an Aviva Policy

"The person who is seeking payment
under this policy shall give us all the
information and assistance we require
to enable any claim to be validated for
us to achieve a settlement." page 41 http://broker.aviva.co.uk/view-document/98%203%20ICM6%20CMLive20%20LiteratureManagement59%2026%20A1001001A10I24B55612J0025618%20A10I24B55612J002561%2014%201103/private-car-powerpoint-policy/

bingy_burge

I thought that most people knew insuring a car in a parents name when the main driver is a son or daughter was dodgy ground.

WHo is the car registered to?

Does policy holder have another car on another policy?

Regardless of whether you told them on the phone if your read your terms and conditions I am sure it says that cars main user should the be the policy holder and any named should be occasional.

Read his :http://www.easier.com/66846-drivers-risk-invalidating-insurance-by-fronting.html

Wht car is it out of interest?

newfoundglory

The problem with "interviews" like this, is that questions you do not know the answers to will lead to a guess and you will end up contradicting yourself.

About 3 months after I started driving, someone crashed into the back of my car at a roundabout. When i got home, I called my insurer to report it who asked some questions (registration details, street, speed i was going, time etc)

A question I couldn't answer was the time the accident happened. I couldn't for the life of me remember the time the accident happened - not even to the nearest few hours. I couldn't work out how much time had passed since the accident, swapping details, getting back home to actually making the phone call. Put on the spot on the phone, after a few seconds I actually took a guess.

I was given some information, and then I was then put through to a non-fault claims management company, who asked similar questions. They too also asked the time of the accident. Because I couldn't remember the time of the accident or even what i'd told my own insurer 10 mins previously, I took yet another guess at what the time might have been...

antrobus

Can't improve on this:-

Lum wrote: »

How many times is this going to keep coming up in this thread?

The son was down as the MAIN driver on the policy, not the named driver. They are not fronting!

What they are doing is entirely legitimate, the car is owned by the father who is also the registered keeper, the father has taken out a policy and stated clearly that his son is to be the main user of the car.


FWIW: I'd pursue a claim directly with the garage and their insurance if possible, same as I would advise for any claim where there is a 3rd party who is clearly at fault.

Even if the garage's insurance wont pay out because the keys were unsecured and unattended they are still responsible as this is clear evidence of negligence on the part of the garage so they will have to pay out from their own profits.

pitkin2020

Anyone can be the main driver, not just the registered keeper or policy holder. As long as its stated in the policy nothing is being hidden

MILLYMOLLY

bingy_burge wrote: »

I thought that most people knew insuring a car in a parents name when the main driver is a son or daughter was dodgy ground.

WHo is the car registered to?

Does policy holder have another car on another policy?

Regardless of whether you told them on the phone if your read your terms and conditions I am sure it says that cars main user should the be the policy holder and any named should be occasional.

Read his :http://www.easier.com/66846-drivers-risk-invalidating-insurance-by-fronting.html

Wht car is it out of interest?

It is stated on the certificate that my son is the main driver, car is astra and registered to husband

photome

bingy_burge wrote: »

I thought that most people knew insuring a car in a parents name when the main driver is a son or daughter was dodgy ground.

WHo is the car registered to?

Does policy holder have another car on another policy?

Regardless of whether you told them on the phone if your read your terms and conditions I am sure it says that cars main user should the be the policy holder and any named should be occasional.

Read his :http://www.easier.com/66846-drivers-risk-invalidating-insurance-by-fronting.html

Wht car is it out of interest?

Have you read the whole thread?

Just to make it easy for you

The son was named as the MAIN driver so not fronting

The car is a 3 year old astra

all mentioned lots of times

vax2002

dacouch wrote: »

There are only a very tiny amount of Insurers that use Lie Detector Software as it's not reliable (I'm not even sure the companies such as Highway who tried the software still use it. The companies that use / used it make it clear in their paperwork that they use the software and a warning is given at the start of the call.

The vast vast majority of Insurers use "Cognitive Interviewing" which is many times more accurate if the staff have been properly trained in it's techniques.

Insurers are entitled to gather the correct information about a claim to ensure it is something that is covered by the contract (Policy) and fraud is not being committed.

The ombudsman or a court of law would not enforce an Insurer to pay a claim if they are reasonably gathering information about a claim.

Virtually every policy contains a clause tto the effect that you must assist provide information and assist the Insurer.

Here is the relevant wording from an Aviva Policy

"The person who is seeking payment
under this policy shall give us all the
information and assistance we require
to enable any claim to be validated for
us to achieve a settlement." page 41 http://broker.aviva.co.uk/view-document/98%203%20ICM6%20CMLive20%20LiteratureManagement59%2026%20A1001001A10I24B55612J0025618%20A10I24B55612J002561%2014%201103/private-car-powerpoint-policy/

Nobody is stating that you do not provide the information, just how it is done, however a court of Law would enforce the contract if it was in force.

bingy_burge

photome wrote: »

Have you read the whole thread?

Just to make it easy for you

The son was named as the MAIN driver so not fronting

The car is a 3 year old astra

all mentioned lots of times

My understanding from admiral insurance and the artical i linked is that the main driver should be the POLICY HOLDER. Anyone named should be occassional users.

Why does he not have his own car?

When I was 22 I had 2001 Volvo S40 Sport 1.8 insured in my name.