Van broken in to - insurance refusing to pay out, ad

courtneyjc

Hi Everyone,

Hopefully i've posted this in the right section. Have seen similar posts in this thread and the insurance thread but none with the advice/information i'm looking for.

2 weeks ago my OH's van was broken in too. They smashed 2 pieces of glass and took the tools from the back of the van.

I contacted our insurance company aviva and started a claim online to recover the costs for the tools and arrange to have the windows repaired. I uploaded photos of the van to the claim form.

I was then contacted via email by one of their claims advisor, who asked if there was any damage to the paintwork. I responded no to which he asked if I have business or home insurance. I questioned this and said I thought our insurance would cover us for loss of tools being fully comp and sent the section of a policy which refers to this. He then replied with the following:

You are partly correct with this. I just want to point your attention to the sentence “A claim can only be made under this section when also making a valid claim which is accepted under Section 1 – Loss of or damage to your vehicle.” It also mentions on exclusion (4): We will not pay for loss or damage arising from theft not involving forcible entry into your vehicle.

Forcible entry would be if they have damaged the bodywork or locks to gain entry into the vehicle. Unfortunately, smashed glass is not forcible entry. This ties in with the section 1, if they had damaged the bodywork, you can make a section 1 claim and thus a section 8 claim for tools.

Should I just accept their response, or take the matter further? I may be reading this wrong but I would assume the breaking glass to enter a vehicle is forced entry. The doors were locked and remained locked when he went out to the van in the morning.

I am struggling to find the legal definition of "forced entry" is? The only information I can find online is relating to house burglaries.

Thanks in advance for you help

castle96

"violent, visible,external entry" - used to be anyway

molerat

The simple way forward is to raise a complaint and take it to the FOS to judge if the company do not fold.

sevenhills

molerat wrote: »

The simple way forward is to raise a complaint and take it to the FOS to judge if the company do not fold.

This?


https://www.financial-ombudsman.org.uk/businesses/complaints-deal/insurance/motor-insurance

eddddy

courtneyjc wrote: »

Forcible entry would be if they have damaged the bodywork or locks to gain entry into the vehicle. Unfortunately, smashed glass is not forcible entry.

Is 'forcible entry' defined anywhere in the policy?

If not, I'm not sure that a court (or the FOS) would agree with that definition of 'forcible entry'.

Here's an extract from a FOS decision:

The courts have decided that force need not involve the use of physical violence. For example, simply turning a handle or opening a shut door may be considered as forcible entry.

Link: https://www.financial-ombudsman.org.uk/files/147861/DRN5846408.pdf

But this sounds like it could be more of a problem:

courtneyjc wrote: »

“A claim can only be made under this section when also making a valid claim which is accepted under Section 1 – Loss of or damage to your vehicle.”

Is a smashed window a valid claim under Section 1 of your policy?

courtneyjc

eddddy wrote: »

Is 'forcible entry' defined anywhere in the policy?

Not that I can see, I've looked through all documents.

Is a smashed window a valid claim under Section 1 of your policy?

It just says if your vehicle is lost stolen or damaged we will:
repair your vehicle unles you notify us that you want someone else to repair it, or
replace your vechicle or
pay you a cash amount equal to the loss or damage.

It doesn't mention anything specifically about glass.

I have also just found in Section 8 of the policy for tool cover that it will only cover the loss of non-powered hand tools which is pointless cause they were mainly drills and a few other tools that were taken.

safe to say i probably won't be renewing with aviva again and will be checking the policies carefully before insuring with anyone else. :(

TELLIT01

Looks like an insurer trying to find any way to avoid paying out. Smashing the glass doesn't necessarily do any damage to paintwork, as I know from personal experience although nothing was taken in my case.

I don't see how they can say that smashing a window is not forcible entry. 'Normal' non-forcible entry is normally by way of an unlocked door or open window.

Sea_Shell

It sounds like they are saying it's a "glass section" only claim, not section 1. Like a cracked windscreen!!

Section 8 (tools) cover only applies if in addition to section 1.

What section 1 excess do you have, and what glass excess do you have?

Johno100

courtneyjc wrote: »

I have also just found in Section 8 of the policy for tool cover that it will only cover the loss of non-powered hand tools which is pointless cause they were mainly drills and a few other tools that were taken.

safe to say i probably won't be renewing with aviva again and will be checking the policies carefully before insuring with anyone else. :(

Regardless he needs to look at taking out some additional insurance as it sounds like if would be in a similar predicament if his tools were taken on site.

Car_54

molerat wrote: »

The simple way forward is to raise a complaint and take it to the FOS to judge if the company do not fold.

But the FOS won’t look at it until the company’s complaints process has been exhausted.