Car Stolen - Insurance Advice Please

Miss_Bliss

Hi there, can anyone please help with advice?

My car is fully comp. I packed up to go away for a weekend Saturday morning, on the private driveway for my block of flats, engine running, got out of the car to close the boot properly in time to see some yob jumping in it and taking it! I thought running like a mad woman screaming down the road would be enough to frighten him!

There will be a query with the car as the keys were in the ignition, BUT it was on a private road and I was by the car.

Does anyone know where I might stand before I phone my insurers?

Be grateful for any advice.

Thanks,
MB

James

I hope you reported this to the police when it happened? They should have given you a crime report number for your claim.

Good luck.

Miss_Bliss

Thanks James, yes immediately called the Police and visited the station later. Was hoping someone knew the people's rights about the keys being left in the car and what is classed as unattended as I was right next to it, opening and closing the boot.

mattymoo

You should be okay with that.
Insurers would draw the line at say, paying for petrol in a forecourt shop while leaving keys in the vehicle.
You must stress that you were adjacent to the vehicle though.

MarkyMarkD

You obviously realise that you were irresponsible, so I won't rub that point in.

Go to https://www.fos.org.uk and check out "Ombudsman News". They've run articles on cases very similar to yours not so long ago.

If you do a site search on keys ignition there is lots of useful information.

Essentially it will boil down to a few things:

- did your insurance policy have a clear clause explaining that they won't pay up if you leave the car with the keys in the ignition; and
- were you reckless in leaving the keys in the ignition.

In most cases, the answer to the first will be YES. The answer to the second is MAYBE and that's where you use your arguments about it being a private road, you still being next to the car, etc.

The fact that the car actually got stolen means that obviously it WAS reckless as you were unable to prevent the car being stolen. But I think you might be able to argue otherwise.

Miss_Bliss

Thanks both. Yes the insurance says not if you leave the keys in the ignition, however I already came across the FOS site which looks like they review your claim if insurance refuse it, on the basis that I was in attendance of the vehicle.

I don't feel it was wreckless to get back out to shut the boot in a private road, however, I think I know how the insurance will view it.

This happened Friday morning (2 days ago), and I haven't reported it to the insurance yet due to the trauma and trying not to picture it all happening.

IF I phone to inform them, will they ask me details straight away, or just send me forms? I'm not sure if I want to claim as a) it may yet turn up and if there's limited damage I probably wouldn't claim and b) if it doesn't turn up I wouldn't want to make a claim that would be rejected cos of increase in next premium which I understand doubles.

Any views please?

ben500

If you don't notify them at the earliest convenience it could prejudice your claim, that being said I am very doubtful it would be successful.
Private road, private land, makes not a jot of difference unless it is secured property, if there is public access as there obviously was you don't have a leg to stand on I'm afraid.

Miss_Bliss

Thanks - I am only just coming round to it to be honest. I was fairly shocked by the whole thing, and can still see him getting in as a tried to run round him. Also, am fortunate I guess that I didn't get to him in time and that I'm safe. What a nightmare.

So.. if I'm certain I couldn't claim am I right in thinking I'm better of not putting a claim in to be rejected? Then again, if I claim I could argue the vehicle wasn't left unattended.... or try the FOS for help?

raskazz

Miss_Bliss wrote: »

Thanks both. Yes the insurance says not if you leave the keys in the ignition, however I already came across the FOS site which looks like they review your claim if insurance refuse it, on the basis that I was in attendance of the vehicle.

I don't feel it was wreckless to get back out to shut the boot in a private road, however, I think I know how the insurance will view it.

This happened Friday morning (2 days ago), and I haven't reported it to the insurance yet due to the trauma and trying not to picture it all happening.

IF I phone to inform them, will they ask me details straight away, or just send me forms? I'm not sure if I want to claim as a) it may yet turn up and if there's limited damage I probably wouldn't claim and b) if it doesn't turn up I wouldn't want to make a claim that would be rejected cos of increase in next premium which I understand doubles.

Any views please?

You are duty bound to inform your insurer of the theft, whether you intend to claim or not. Do it as soon as possible - if you call a week after the event then it will look a little strange from the insurer's point of view.

They will ask you a few basic questions when you call - but will then send you a claim form; there will probably be a phone interview in due course as well.

The word 'reckless' has been banded around a bit - from the circumstances given I cannot see any recklessness. To be reckless you have to be aware of the risk and carry on regardless, not caring about the risk. Most people would not expect any risk of a scallywag jumping out of a bush and nicking their car as they closed the boot!

From the similar cases I have seen, I think a claim would be sucessful. If you got out, went straight to the boot without wandering off or going back inside your property then the car was not unattended. That's not to say that the insurer won't make it difficult for you!

Miss_Bliss

Hi Raskazz, thanks. That was slightly more comforting :-)

I am going to call them today, it's just that I was getting over the trauma and shock of why me??, plus trying not to fuss too much in front of my son who was shocked to see the car drive past him at top speed when he left me by it to come back into the home, knowing I wouldn't drive off like that.

I just wanted some views of MSEs, and I know the insurers are rarely keen to pay out - I think I'm fairly stuffed... what goes around comes around and if they don't pay out AND my premium doubles for the next car, I just hope he doesn't live to tell the tale!

Thanks again.

ben500

As Ras states you are duty bound under your policy terms to inform them of the incident as it is pertinent to the risk calculation, regardless of whether or not you claim it will affect your premiums irrespective of the outcome of the claim, if you don't notify them and subsequently make a claim and it comes to light then the future claim would be declined on the basis of failure to notify.
Good luck with your claim, unfortunately I have less hope of success than Ras.