My car stolen but insurance will not cover..

arcon5

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.

The theft act would be used to secure a prosecution in criminal proceedings. But where does it state the criminal definition of theft must be used in the service sector when deciding on civil settlements? Laws such as SoGA etc imply terms in to contracts or have no contracting out clauses - does the theft act?

arcon5

As an aside op, a relative of mine had his taxi stolen (an estate car worth about £7k) when he left the engine running whilst he assisted an elderly passenger out of the car. As she was just pulling herself up with his help somebody jumped in his car and floored it. Fortunately she was not injured and he thinks with hindsight he may have been followed waiting for such an opportunity.

After being advised by the insurers they are likely to reject the claim, he wrote a pleading letter to the MD stating he never left the vehicle unattended and felt it his duty to assist those who needed extra help - a few weeks later he was advised they will pay out £6k less his excess and its a settlement in full and non-negotiable.

Needless to say he snapped their fingers off to take it and was very pleased with the outcome. Hopefully your story will end well, there are some good insurance companies out there, albeit very few