My car stolen but insurance will not cover..

OddballJamie

emma1982 wrote: »

I am about to sell my car soon and I am absolutely shockedby your story. How this could happen. I feel sorry for you mate and I truly donot know what advice to give you to be honest but it makes me wonder as well.

It happens when people are careless.

Never leave the buyer with the keys.

Always ask to see driving license and insurance documents.

I've heard of stories happening to buyers too, turn up with a bag of cash and get jumped.

dacouch

real1314 wrote: »

Theft.

Doesn't matter what the insurance contract says on theft - UK law defines if it's theft or not.

Lack of force / unattended issues - doesn't matter what the insurance contract says, statute over-rides contract, therefore it's what statute says, and after that what the ombudsman says.

Nothing to debate really - complain to insurer, if the complain fails go to ombudsman.

Robbery / TWOC are just a distraction.

UK Law may define theft, but the Insurance Policy which is in effect a contract, defines what and what's not covered.

If an Insurer clearly defines a restriction to theft of a car in their policy and the claim falls outside that definition the Insurer can decline the claim.

The Unfair Contracts rules may apply.

The Ombudsman has numerous case histories for theft of vehicles with the keys being left in or on the car. Depending on the circumstances they will either side with the complainer or the Insurer.

facade

I'm sure that I've read in my T&Cs that if my car is stolen using the key (i.e. I can't produce both sets) then there had better be signs of a break in to the house or I can whistle for the money.
(No leaving the keys on the hall table for a fishing rod through the letter box)

mattyprice4004

emma1982 wrote: »

I am about to sell my car soon and I am absolutely shockedby your story. How this could happen. I feel sorry for you mate and I truly donot know what advice to give you to be honest but it makes me wonder as well.

How could it happen? Well, the buyer snatches the keys and takes the car.

dacouch

mattyprice4004 wrote: »

How could it happen? Well, the buyer snatches the keys and takes the car.

Or one they showed on the Real Hustle was the buyer brings along a set of keys for a similar car eg you're selling a modern Ford and they bring a modern Ford Keys. They then swop the keys over during the test drive but can still lock the car at the end of the test drive by pipping the key in their pocket

OddballJamie

dacouch wrote: »

Or one they showed on the Real Hustle was the buyer brings along a set of keys for a similar car eg you're selling a modern Ford and they bring a modern Ford Keys. They then swop the keys over during the test drive but can still lock the car at the end of the test drive by pipping the key in their pocket

Putting a pink fairy keyring on the key will stop that problem

real1314

dacouch wrote: »

UK Law may define theft, but the Insurance Policy which is in effect a contract, defines what and what's not covered.

If an Insurer clearly defines a restriction to theft of a car in their policy and the claim falls outside that definition the Insurer can decline the claim.

The Unfair Contracts rules may apply.

The Ombudsman has numerous case histories for theft of vehicles with the keys being left in or on the car. Depending on the circumstances they will either side with the complainer or the Insurer.

Statute over-rides any contract. UK Law can define, contracts can only operate within the law. If a contract restriction is not within the law, it is invalid, regardless of what you or an insurer might think.

dacouch

real1314 wrote: »

Statute over-rides any contract. UK Law can define, contracts can only operate within the law. If a contract restriction is not within the law, it is invalid, regardless of what you or an insurer might think.

Statute law on theft is for the prosecution of offenders.

Statute affects the RTA part of a motor policy.

An Insurer can and do apply restrictions theft, for instance some Insurers apply an exclusion for theft of car by family members. They will exclude own damage / total loss in these circumstances and some will even seek to recover any payments they've made under the RTA.

real1314 wrote: »

Theft.

Doesn't matter what the insurance contract says on theft - UK law defines if it's theft or not.

Lack of force / unattended issues - doesn't matter what the insurance contract says, statute over-rides contract, therefore it's what statute says, and after that what the ombudsman says.

Nothing to debate really - complain to insurer, if the complain fails go to ombudsman.

Robbery / TWOC are just a distraction.

Interestingly the Ombudsman states the following...

"Almost all motor policies include a clause that excludes cover for theft or attempted theft if the ignition keys were left in – or on – the vehicle. As this constitutes a major restriction on the scope of cover, insurers need to draw it to the attention of prospective customers, in accordance with the Association of British Insurers' Code of Practice for General Insurance Business. If an insurer cannot demonstrate that it did this, then we are likely to uphold the complaint."

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/37/keys-in-car-cont.htm

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/1/keys-in-cars-case-studies.htm

Have a read of the Ombudsman's links, there are plenty more on the Ombudsman site if you search.

I can provide many more links from the Ombudsman on compliants that are upheld or declined for various types of theft if you want.

artbaron

dacouch wrote: »

Statute law on theft is for the prosecution of offenders.

Statute affects the RTA part of a motor policy.

An Insurer can and do apply restrictions theft, for instance some Insurers apply an exclusion for theft of car by family members. They will exclude own damage / total loss in these circumstances and some will even seek to recover any payments they've made under the RTA.



Interestingly the Ombudsman states the following...

"Almost all motor policies include a clause that excludes cover for theft or attempted theft if the ignition keys were left in – or on – the vehicle. As this constitutes a major restriction on the scope of cover, insurers need to draw it to the attention of prospective customers, in accordance with the Association of British Insurers' Code of Practice for General Insurance Business. If an insurer cannot demonstrate that it did this, then we are likely to uphold the complaint."

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/37/keys-in-car-cont.htm

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/1/keys-in-cars-case-studies.htm

Have a read of the Ombudsman's links, there are plenty more on the Ombudsman site if you search.

I can provide many more links from the Ombudsman on compliants that are upheld or declined for various types of theft if you want.

It would depend on the circumstance, a refusal of payout is almost certain to include non-attendance of the vehicle. Otherwise insurance could refuse claims where the driver was sat in a traffic jam. I won't try and apply this to the OP as it's likely a made-up story and never happened, but I think if you were actually in or directly beside the car then the insurance would need to pay up.

RuthnJasper

Whither the OP...? be useful to have an update - or have we scared him off?!