Motor theft claim excluded by deception clause

1MRR

Hi all
I wanted some advice on how to challenge the decision of an motor insurer to exclude a theft claim. Possession was gained by deception (someone posing as a buyer). The insurance does refer to these clauses in the contract, but I feel that it is unreasonable.You will only know of the deception after the fact (when the car is stolen...) Are these clauses commonplace? What is the best way of putting concise arguments across?

Thanks

InsideInsurance

They are presumably in place because it is so easy to lie about it otherwise.

If you're and idiot and leave your keys in the car, someone steals it, you then make up a story about a "buyer". Likewise you decide that having your car disappear is easier than actually selling it you again fake a theft.

Generally the clause is a counter-fraud measure as it would be very difficult to otherwise stop these types of fraud.

huckster

So have you actually had a car stolen by someone posing as a buyer ?

If so, what exactly happened ?

Did you think of precautions to limit the risk ? e.g ask for proof of the buyer identity, plus proof that they were insured to test drive your car.

1MRR

I took reasonable precautions; seems ID were false and all bets are off. Having subsequently read other posts in the motoring section, it looks like the insurers are within their rights. Insurers provide cover for theft and this incident as others similar, are excluded because of deception. So despite the car being stolen from a lay persons pov, the insurers will not treat as theft. I will try a letter but would appreciate any constructive input.
Thx :mad:

FlameCloud

If you want people's help you need to give far more specific details about what actually occurred, and also what policy you are on.

Jamie_Carter

You still haven't explained what happened. Are you saying that you let someone take a test drive in your car and they stole it?

I can't believe that anyone would let someone just drive away in their car.

mcjordi

i accompany buyers on test drives i never leave them with keys

huckster

Suggest searching the FOS site and online for Insurance cases where theft by deception has occured.

E.g 31/4 on this link http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/ins-case-31.htm

1MRR

All thanks for your interest in this matter with Markerstudy insurance & offers of help, which I am following up.
To clarify:
Appointment made to view car
Viewing takes place with my work colleague present
'Purchaser' provides some id - he has left his licence in wallet which is in other jacket but has his insurance documents. He appears to be over 25 and says he is in the trade.
I take 'Purchaser' for drive. I stop to let him drive. All good so far.
He then stops to let me drive back. We both get out of the car. As I approach drivers side, he jumps back in and races off. My colleague chases him in his car, but loses him in traffic. I call the police. They were quite good and drove me around in an attempt to locate the car. I call the insurance company, who later reject the claim on the grounds of gaining possession by deception (fraud). I have just reviewed the FOS site as per Huckster's recommendation. I don't think the theft by deception defence would work here as I was knowingly given details which have now been found to be false, so that takes care of fraudulent intent. I will try to fight this on the basis of unreasonableness & the fact the car was ultimately stolen, but won't hold my breath.

Your constructive input welcomed. BTW, this is not the first car that I have sold privately and I never expected anything like this from either a prospective buyer or the insurance company....

1MRR

Please see above for the detail..
Thx

1MRR

Huckster
Fully comp cover/ see detail post separately this evening