My car stolen but insurance will not cover..

zeon999

Portly_Pig wrote: »

Where is the evidence of fraud or trickery in the ops case. How do the insurance company know it's not opportunist?

So now your suggesting the OP commits fraud to the insurance company?

Erm good luck with that.

im-lost

Fel wrote: »

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

I'd say you need legal advice and to be prepared to take it further with the ombudsman service.

Fel

Thanks for your thought on the matter. It leaves me wondering the whole essence of an insurance policy when i cannot rely on them during such difficult times.

I have enough witnessses as my neighbours were around. It was the very sunny bank holiday Monday at 2 pm and may of my neighbours were outside.

RuthnJasper

Fel wrote: »

i stood beside the car with my son, the key was on the dashboard as he was checking the lightings etc

I'm sorry for you, Fel - but I think the insurers might legitimately say that you provided him with the opportunity.

Hope you have better fortune in due course.

notanewuser

Fel wrote: »

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

But you gave him access to the keys and could not stop him from driving away. The keys were unattended as they were on the dashboard with the thief between them and you.

sillygoose

Portly_Pig wrote: »

Where did I suggest that?

How do we know the intent of the offender?

Exactly, the insurer cannot say for certain the thief turned up expressly to steal the car, they could have had £8K in their pocket with intention to buy but seized the opportunity instead. I don't see how it can be fraud in that the thief did not attempt to deceive the op in a deal. Its simple taking without authority, a criminal offence under the theft act.

Op I know the horse has bolted but surely you at least checked their driving licence first?

londonTiger

reminder to expect anything and everything when you invite strangers from the internet to look into your car.

car insurance will not cover you for incidences when you open the car for stranger to get in or leave the car unlocked and someones gets in. So you have to be super careful about that.

When I was viewing my car I had some surprisingly trusting ex owners they just gave me the car keys and let me open the bonnet and have a look everywhere.

sillygoose

That Mike Brewer on Wheeler Dealers gets away with it all the time, owners give him the keys and send him off on his own.

I have a plan, if I turn up with an authentic looking camera crew and tell the owners we are from the Discovery Channel we could nick loads of cars!

Richard53

Hindsight is a wonderful thing, and no doubt the OP wishes he had taken all sorts of precautions beforehand. But we are where we are ...

It would depend very much on the policy wording IMO. My policy says it does not cover leaving the car unattended with the keys in, which seems a reasonable condition, intended to cover a situation where the insured leaves the car and walks away without removing the keys. I would argue that standing beside the car with a prospective purchaser is not leaving the car unattended. Unattended is when you are somewhere else. Grabbing the keys and driving away is similar to someone seeing your wallet in your back pocket, taking it and running down the street. Most people would call that theft, and I would call the driving away of the car theft too.

I suspect this one may have to be referred to the ombudsman if the insco don't play ball, but I would hope that the OP has a good chance of winning. What happened to him fits my definition of theft very exactly.

atrixblue.-MFR-.

if thats the only clause that the insurers are offering as its defense it seems the clause is wholely based on the vehicle being unattended wich is was not.

at this stage, they have the crime re number, i would escallate a complaint to the customer relations manager.

then on up to the ombudmand if you get nowhere else.

sounds to me like aggrivated vehicle taking at a push, TWOC at the least.