My car stolen but insurance will not cover..

Fel

I am still quite shocked with a criminal incident that happened to me on Monday(bank holiday).

I advertised my car an Audi A4, year 2008 on Autotrader. A bloke called me to come see the car for a possible purchase. We arrived and I went out to meet him by the car with my wife and kids(infants).

He looked at the car briefly and I took him on a test drive around the streets. When we returned and parked the car at my door, we stood beside the car and he was undertaking some final inspections on the car. He then quickly seized my car keys from me, jumped into the car, and kicked off at an astonishing speed. My son was almost knocked off as he drove.

My neighbors we were on the road were shocked and I immediately rushed to chase in my neighbors’ car but he had disappeared. I called the police immediately but nothing has been found up to now.

Even more distressing I called my insurers yesterday and they told me I am not covered as it is classed as fraud and deceit. How will this action not be considered theft ? I cannot comprehend this. I have a comprehensive insurance cover with them.

I have not heard back from the police since but was given a crimes reference etc.

The car costs 8,400 GBP and I believe the insurance company position is not right. I am confused on next steps . Any help please…..

Fel

zeon999

Unfortunately this is often the case and they are right if they had the keys and access to the car technically it is fraud not theft.

This is exactly why there are so many helpful guides on how to sell a car privately so your less likely to be left in a position where something like this could happen.

Unfortunately these days you cant just chuck your keys at the person who turns up to possibly buy your car, never leave them in charge of the keys, never leave them in the car unattended are 2 very basic rules, there is many tricks people use these days to do things like this.

Problem in this case is you don't even have a 3rd party to sue I really don't know what advise to give you to be honest. Did the insurance company give you any suggestions for other possible routes?

shaun_from_Africa

Irrespective of whether it's classed as theft or fraud, the OP must have either left the keys in the car or the buyer/thief/fraudster had the keys following the test drive as they didn't kake any mention of the keys being grabbed.

Whichever one happened, most insurance policies will have terms that will cover their ar5es when they refuse to pay out for this sort of loss.

This is what is stated in mine. (Direct line)

We will not cover:

• the excess shown in the schedule, unless your car is stolen from
a private locked garage;

• loss or damage to your car as a result of someone acquiring it by
fraud or trickery while pretending to be a buyer;

• loss or damage caused by theft or attempted theft if the keys and/or
other devices which unlocks your car and/or enables your car to
be started and driven are left in or on your car which is unattended,
or if your car has been left unattended and not properly locked (this
includes any window, roof opening, removable roof panel or hood

being left open or unlocked

Fel

Portly_Pig wrote: »

Fraud is covered under the theft act.

This however is a theft not a fraud. The police will no doubt have crimed it as theft so get back onto the insurance company.

The lady at the insurance indicated that it is fraud as the guy was coming with the intention of deceipt and fraud is not covered uunder my comprehensive policy, but this is cealy theft in broad day light .

I have asked for a copy of my full policy booklet to be sent to me as she was making some references on it to me.

Do i need a copy of the police report which i think is due after 5 days to take further action ? I intend to talk to the insurers again and to take it to the Ombudsman if they cannot change their stance. My car policy also has a Legal Protection cover.

Many thanks again for all your insights at this very stressful and pianful moment for my family. My car keys also had my office and house keys but i have since changes my house key

notanewuser

Fel wrote: »

Thanks for your feedback. I did not give the key to the guy, i stood beside the car with my son, the key was on the dashboard as he was checking the lightings etc and i was close to him, so did no leave him alone.

So he was between you and the keys. Why on earth would you leave the car key with your house keys, and not keep them in your hand or pocket when not in the ignition? You could easily have avoided/prevented this theft.

Who are you insured with?

zeon999

The fact you left the keys in the car with him looking round the car and in the car sounds like you have got little chance of getting money from the insurance company on this one.

Shaun from Africa has posted them terms from his company and these are pretty standard, to cover them against this, as it happens so often.

Aretnap

zeon999 wrote: »

Unfortunately this is often the case and they are right if they had the keys and access to the car technically it is fraud not theft.

Legally speaking theft is defined as dishonestly appropriating property belonging to another with the intention of permanently depriving the owner of it. If you don't think it's theft, which of those elements do you not think applies?

The problem is likely to come from the specific terms of the policy rather than the question of whether it's theft or fraud. Direct Line, to pick an insurer at random, say "We will not cover loss or damage to your car as a result of someone acquiring it by fraud or trickery while pretending to be a buyer", which is pretty clear cut. If the OP's policy contains a similar clause he seems to be sunk, as far as claiming on insurance goes at least.

Fel

The insurer is First Alternative - I am still geting hold of the specific clause they are referring to -

shaun_from_Africa

This is from a FA policy.



Loss or damage caused by theft or attempted theft if your car is left unattended without being properly locked or if any window, roof opening, removable roof panel or hood is left open or unlocked.


•

Loss or damage caused by theft or attempted theft if the keys, lock transmitter or card from a keyless
entry system are left in or on your car while it is left unattended

im-lost

shaun_from_Africa wrote: »

This is from a FA policy.



Loss or damage caused by theft or attempted theft if your car is left unattended without being properly locked or if any window, roof opening, removable roof panel or hood is left open or unlocked.


•

Loss or damage caused by theft or attempted theft if the keys, lock transmitter or card from a keyless
entry system are left in or on your car while it is left unattended

If those are the only clauses, then surely if the car wasn't unattended, then a claim would be successful.

Fel

shaun_from_Africa wrote: »

This is from a FA policy.



Loss or damage caused by theft or attempted theft if your car is left unattended without being properly locked or if any window, roof opening, removable roof panel or hood is left open or unlocked.


•

Loss or damage caused by theft or attempted theft if the keys, lock transmitter or card from a keyless
entry system are left in or on your car while it is left unattended

Thanks but the car was not left unattended. I was with the guy on the side and he suddendly seized the car, started off the car and left....