Insurance problem with car theft

dacouch

rs65 wrote: »

What's the wording of the exclusion?

You need to answer this question as the Ombudsman normally rules that if the claim would have been paid irrespective of the customer telling porkies / acting fraudulently then the claim should be paid

Miser_maz

dacouch wrote: »

You need to answer this question as the Ombudsman normally rules that if the claim would have been paid irrespective of the customer telling porkies / acting fraudulently then the claim should be paid

This is taken from their document:

We won’t pay for:
loss or damage to your car by theft or attempted theft if:
– your car has been left unlocked;
– your car has been left with a window or roof open;
– the engine has been left running;
– we have stated you must have a working security or tracking device when your car is unattended – your schedule will confirm if this is required;
– the ignition key or other ignition device is left in, on or attached to or left in the immediate proximity of your car.

huckster

I think in this situation you just have to admit that you forgot there was a spare key, as you have never had any use of it. That you have a key rack by the frontdoor and it is believed that somehow the thieves managed to get hold of the keys, but have refused to tell the Police to avoid a further criminal charge. Take a picture of the key rack and its location near the frontdoor, so you can send to the Insurers so they can see for themselves.

The other point is what other keys were on this rack which might be missing. These thieves might have passed other keys to their thieving mates for them to use at a later date. If it is possible other keys have been taken, you might want to consider changing locks. If you fail to act on something you know about, then get burgled, i doubt your Home Insurers would be happy. Under your Insurance terms you have responsibility to take reasonable precautions to prevent loss.

rs65

So

You only had one key (and you still have it)
You didn’t leave it in or in close proximity to the car
You have no idea how the thieves got the key. It is unreasonable to expect you to prove how the thieves got the key.

Does that contradict anything you have told insurers or police?

Ask them for a final decision on the claim.

rs65

huckster wrote: »

I think in this situation you just have to admit that you forgot there was a spare key, as you have never had any use of it.

Only if its true. If its hanging by the front door you would see it every day - difficult to forget you had it.

huckster

rs65 wrote: »

Only if its true. If its hanging by the front door you would see it every day - difficult to forget you had it.

Yes only if true.

People should know never to have spare keys near any access door. They should be stored somewhere safe, not on a rack by any door. But many people do keep them by their front doors, as it makes it easy for them.

Miser_maz

rs65 wrote: »

So

You only had one key (and you still have it)
You didn’t leave it in or in close proximity to the car
You have no idea how the thieves got the key. It is unreasonable to expect you to prove how the thieves got the key.

Does that contradict anything you have told insurers or police?

Ask them for a final decision on the claim.

That's exactly what we said on day one to the insurers and the police. Yet that's also why they remain "unsatisfied" and unwilling to settle the claim and now intend to close it.

To add insult to injury they've asked me to pay for the storage time of the vehicle while they were investigating the claim which they have billed me for £600.

teddysmum

Surely there have been, for years, warnings not to leave keys in full view through a window or door , just the same as you are advised not to leave money, handbags, laptops or other obvious valuables, on show in cars.

Aretnap

teddysmum wrote: »

Surely there have been, for years, warnings not to leave keys in full view through a window or door , just the same as you are advised not to leave money, handbags, laptops or other obvious valuables, on show in cars.

Maybe. But (a) the OP seems to think that wasn't how it happened and (b) even if it was, what matters is whether there's a specific exclusion in his policy which would cover that situation, not whether someone, somewhere has issued vague "warnings" about it.

Quentin

The fishing for the key could be a red herring

When the policeman pointed out the key rack he was under the "mistaken" impression that there was only the one key.

The other probability could be that no fishing took place and the key was left in the car.