Insurance problem with car theft

Miser_maz

I'm looking to know if I can get legal advice from somewhere on a matter I've been pursuing for a few months.

Basically my wife’s car was stolen overnight from our driveway, it left us very puzzled as the key my wife used was still with her and she was sure only one key was received when she bought the car from the garage.

Anyway the car was recovered a few days later after it was crashed by a couple of joyriders who the police arrested and charged, leaving the car as a write off. The insurance company informed us that the car had a key in it and they’d checked with the garage who sold it and they said that two keys were supplied with it.

As my wife had mistakenly said she only had one key and because we can't prove where the thieves obtained the second key from the insurance company are unwilling to cover the loss.

The second key was definitely not in the car and there has been no sign of forced entry into the house. The police who attended on the day noticed our key rack and felt it might have been taken from the rack by use of a hook through the letter box.

But either way I’m lumbered with the loss of a £6,000 car.

maddogb

wow, spare key haven't seen it recently...wonder how many people would admit that, mine gets shoved in the hall cupboard makes sense to hang it on a key hook as well.
really struggling to see what difference it makes, it's getting to the point we need solicitors present when we speak to insurers after claims.

rs65

What's the wording of the exclusion?

rs65

Miser_maz wrote: »

As my wife had mistakenly said she only had one key

What do you mean by 'mistakenly'? If she only had one key then surely she correctly said she only had one.

Miser_maz

rs65 wrote: »

What do you mean by 'mistakenly'? If she only had one key then surely she correctly said she only had one.

I'm using the word "mistakenly" under the assumption she did have 2 keys.

I don't have the exclusion wording but in their final letter they've written:
"Until such time that you can provide a satisfactory explanation as to how a key was found with your vehicle, I am unable to proceed with your claim".

I've provided possible explanations but none to their "satisfaction".

dacouch

Miser_maz wrote: »

I'm using the word "mistakenly" under the assumption she did have 2 keys.

I don't have the exclusion wording but in their final letter they've written:
"Until such time that you can provide a satisfactory explanation as to how a key was found with your vehicle, I am unable to proceed with your claim".

I've provided possible explanations but none to their "satisfaction".

Are the police aware of a pattern of cars being stolen in your area due to keys being fished through the letter box

rs65

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=94109

Not identical but similar.

Did the police ask the thieves how they stole the car?

dacouch

rs65 wrote: »

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=94109

Not identical but similar.

Did the police ask the thieves how they stole the car?

The Ombudsman treat customers so badly

Miser_maz

rs65 wrote: »

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=94109

Not identical but similar.

Did the police ask the thieves how they stole the car?

Yes they did but the thieves wouldn't tell them how they got the key. The police officer handling the case said it sort of proved they took the key from the house as they know that by telling they'd incriminate themselves further.

Miser_maz

dacouch wrote: »

Are the police aware of a pattern of cars being stolen in your area due to keys being fished through the letter


Well yes the police officer who attended did mention that when he came, that's why he noticed the key rack and said the key may have been fished off the hook

My problem is that at the time I didn't think that's what had happened in my case, and now the insurance wont accept this when I've told them there's a strong chance its what did happen.

rs65

Miser_maz wrote: »

My problem is that at the time I didn't think that's what had happened in my case, and now the insurance wont accept this when I've told them there's a strong chance its what did happen.

Of course they won't accept it. You can't argue that you only had one key and also argue that they stole the second key.

See if there is an exclusion about theft when keys are left in car.

Can the seller confirm that they only gave you one?

Is it the type of key that stores data?