My car was stolen by someone coming to view it

subzero1988

I have probably just had one of the most stressful experiences of my life, my car has been stolen by a thief who came to view it, I’ll explain what happened.

Someone calls me up through autotrader and asks to come and see the car the next day, I agree and set up a time.

They come and view it the next day, we were together for about 3 hours in total, looking at the car at first, then we drove around the area a couple of times as he was “waiting” for his bank to transfer the money. He had called his bank about 40minutes after he initially got there and pretended the transfer was happening.

I had two keys when I left the house, I did show him I had both as of course he asked the question if I have both sets, so he was aware of this.

Towards the end he went off down the road to wait for the transfer, after he came back he said his bank told him it would be 5minutes, he gets in the drivers seat and I get into the passenger side. I put my phone and a key down.

He said to me something like “Take me to my car around the corner yeah”, as his car he got to my place was parked the next road along. I told him I would, I took my key from the middle console and got out, leaving my phone there. He opened the driver side door and I then got out my side, I walked over to my bin outside my house and my car starts up. I know how stupid this sounds but I still didn’t think he was taking it at this point, he drives off. I was just standing there frozen, i was thinking maybe he is going around and coming back. 

I then start running, I see him on the main road, and turn off down a side road. I ran down and by the time I got to the end of the road, I see someone getting into my car, my car then drives off and another car just behind it.

I managed to use someone’s phone who saw it happen and call the police.

I know how naive I sound with all of this now I look back at everything, and he must have taken one of my keys at some point, because when I got out the car and picked the key up, I was unaware he had one and that I had possession of all the keys.

Its just been so stressful the past few days, with the added stress of having to go through insurance now and wondering if they are going to try and void the claim somehow.

i can’t find anything online with someone having a similar situation as me, I just can’t afford to lose what I have put into that car. Does anyone have any opinions?

tacpot12

Your insurer might suggest that you didn't take enough care, but it seems like the car was stolen in a planned robbery, rather than you being careless. You might have to accept some deduction from the claim because you left the car and key with the thief. You can complain to the insurance company and to the insurance ombudsman if they do want to make a deduction, but unfortunately I think this claim could be problematic for you. It's rotten luck.

It is difficult to see how this theft could have been prevented other than by insisting that they get out of the car before you slid over to the drivers seat to retrieve the key from the ignition, which would have been odd and not something I would have thought to do.   

I assume the car was desirable and high powered, in which case it would have made sense to have a tracker fitted. Telling prospective purchasers there is a hidden tracker that is not being sold with the car would perhaps put them off stealing it.

Photographing the purchaser, their driving licence and insurance policy might also have given them pause for thought. Such thieves tend not to have licences or insurance, and don't want to be photographed. Did you check their insurance to see if they were allowed to drive your car? 

TELLIT01

If I'm reading the OP correctly the vehicle has keyless ignition as he mentions the key being on the centre console.  If that is the case I suspect the prospective purchaser had some form of key cloning device on them.

I'm assuming the OP has contacted the police and their insurer.

subzero1988

Sorry I forgot to say, it is keyless start, and the engine wasn’t turned on when he was in the drivers seat. When I took the key, I thought I had all keys on me as that was the only key in the centre console (in the drink holder). I had no idea he took a key off me, like you said he was intending to take that car before he came to see me. its just devastating.

i did have a tracker fitted, I know he saw it too when he lifted up the boot lid to see around the car. My phone was left in there so by the time I could check the tracker he had disabled it, I got nothing back when I messaged the number. 

He had another 2 guys waiting around the corner from me so I’m glad he did end up driving off, my thoughts wonder when I think what could have happened if he had me drive around there, or if they drove round to where I was 

subzero1988

TELLIT01 said:

If I'm reading the OP correctly the vehicle has keyless ignition as he mentions the key being on the centre console.  If that is the case I suspect the prospective purchaser had some form of key cloning device on them.

I'm assuming the OP has contacted the police and their insurer.

Yes police called straight away, after I ran and saw them swapping over cars i managed to use someone’s phone who was next to me.

After I gave my police report, I put the claim thought online.

the reason I think he had stolen a key is because I had two when I left the house, and just one when he left

I have been racking my brain about when he could have taken it, but he knew I had two keys and I only ever took one key out my pocket when we were sitting with each other at the end. So when I picked up that one key, I naturally thought I had the other on me 

Sandtree

Have you read your insurance policy? Who is the policy with?

In principle the car was stolen and therefore would be covered by the insurance but a number of years ago insurers started to include terms to exclude theft by deception or by "careless" handling of keys... unfortunately its rather too easy to see your car isnt selling for the price you hoped for to then decide its easier to have the car "stolen" and a total loss payment than to sell it.

Ultimately, read your policy so your know the contractual position and report the incident to your insurers with the crime reference number.

subzero1988

It’s with Esure, they say if my key is taken fraudulently or by deception, or if the keys are left unattended. Which I don’t believe I apply to either, he didn’t once ask me for the keys or trick me into giving them to him. I also did not leave any keys unattended either, the only way I can see him taking a key is when I was driving the car around and maybe he picked one up then. I just have no idea, but that is why I still have a key, I picked it up when I got out to drive because I wouldn’t have left a key inside the car

k12479

You need to check the wording of your insurance policy, but often it contains something similar to this one:

"What is not covered....Loss or damage to the car and/or its contents as a result of someone taking it by fraud or trickery while pretending to be a buyer."

Whether it does contain that or whether the insurance company sticks to it, I don't know but I'd start there.

subzero1988

- Loss or damage to your car where possession is gained by any form of deception or fraud.

- We won’t pay for any loss or damage to your car due to theft or attempted theft, where it has been left unattended without being properly locked and any window, roof opening, removable roof panel or hood is left open or unlocked.

- We won’t pay for any loss or damage caused by theft or attempted theft if the keys, lock transmitter or card from a keyless entry system are left in or on your car while it is left unattended.

Sandtree

How did they gain the other key? Pickpocketing you or....?

Your hope is to argue that the theft was by virtue of them stealing your key and not deception/fraud... its not that you left the car running and were tricked into getting out. Similarly the car was no "unattended" to trigger the other two clauses.... though double check that unattended isnt a defined term in the policy (would normally be bold or capitalised if it is)

subzero1988

I’m not sure how he had stolen the other key, I was with him for about 2.5 hours or so. Maybe I had two keys in the centre console when I was driving and he picked one up, or he has managed to go through my pocket when we were going through the V5 form. Either way though I never left a key unattended, and he never asked me in any way for a key so I don’t know how they could put it under as trickery/defrauding me.

There is nothing in bold in my policy.

Thanks for all of your inputs and opinions on this