Insurance Claim for stolen vehicle

kamiji

Hi,

My car was stolen from my driveway, I and my wife both were there, I was going for the grocery and my wife called me to give me something and I came out from the car to get listening and straightaway (in few seconds) one guy got into the vehicle, the key was on the ignition but I and my wife we both were there next to the car and the car were on my driveway. we both shouted to him and he forcefully took away my car. Police recovered my car after a few days and called me to collect it from their garage, I went to collect the vehicle on the same day. Police smashed my vehicle while chasing that guy. My insurance company collected my vehicle from my driveway and categorised its total loss. Now they have kept my car and said my claim is under review. I am still paying road tax and insurance premium via monthly direct debit. I chase insurance company every day because we used that for our kids pick and drop. The insurance company is not even giving me a courtesy car saying because my vehicle is unrepairable therefore I will not get a courtesy car.  

can you please advise me what should I do? It's the fourth week now and I am still without a vehicle and my claim is still not approved. I called them and now they are saying they are waiting for the police report. I have submitted all the documents to their investigation company before my interview was conducted by their investigation company.

I requested them multiple times to approve my claim ASAP so I can buy a car for my family. It is directly impacting my children's development they are unable to go to their classes.

Please advise...

ciderboy2009

Have you read the terms and conditions of your policy relating to theft cover?  I think you may have a problem as you left the keys in the ignition.

Grumpy_chap

kamiji said:

Hi,

My car was stolen from my driveway, I and my wife both were there, I was going for the grocery and my wife called me to give me something and I came out from the car to get listening and straightaway (in few seconds) one guy got into the vehicle, the key was on the ignition but I and my wife we both were there next to the car and the car were on my driveway. we both shouted to him and he forcefully took away my car. Police recovered my car after a few days and called me to collect it from their garage, I went to collect the vehicle on the same day. Police smashed my vehicle while chasing that guy. My insurance company collected my vehicle from my driveway and categorised its total loss. Now they have kept my car and said my claim is under review. I am still paying road tax and insurance premium via monthly direct debit. I chase insurance company every day because we used that for our kids pick and drop. The insurance company is not even giving me a courtesy car saying because my vehicle is unrepairable therefore I will not get a courtesy car.  

can you please advise me what should I do? It's the fourth week now and I am still without a vehicle and my claim is still not approved. I called them and now they are saying they are waiting for the police report. I have submitted all the documents to their investigation company before my interview was conducted by their investigation company.

I requested them multiple times to approve my claim ASAP so I can buy a car for my family. It is directly impacting my children's development they are unable to go to their classes.

Please advise...

This is a difficult situation and I am sure made worse if the insurers are seemingly being "difficult", but from the insurer's position they have to be certain that this was a genuine theft and not a manufactured situation.  Car stolen while the key is in the ignition will always be subject to more rigorous investigations to establish the full facts of the situation.

I am a bit confused by the part where you write "Police recovered my car after a few days" and also "Police smashed my vehicle while chasing that guy."
Did the Police simply locate the abandoned vehicle and recover it to a compound or did the Police chase the car while stolen and there was a crash?  It is possible that the latter of these two outcomes would be better as it gives evidence that the car was genuinely stolen.

Are you able to obtain any other form of evidence that the car was actually stolen by force?  CCTV from your street?  CCTV from where the car was abandoned?

On own claim, a courtesy car is not common for a total loss.

Sorry the above is not much practical help, but hopefully it explains the alternative view that the insurance company may be taking plus the need for any evidence that there might be.  It certainly is not nice to feel that you are under suspicion when you are the victim.

As for taking the children to school, you will need to find an alternative in the mean-time.  Is it possible to use the bus, or can they get a lift from a classmate's parent who is doing the journey anyway?

DB1904

kamiji said:

Hi,

My car was stolen from my driveway, I and my wife both were there, I was going for the grocery and my wife called me to give me something and I came out from the car to get listening and straightaway (in few seconds) one guy got into the vehicle, the key was on the ignition but I and my wife we both were there next to the car and the car were on my driveway. we both shouted to him and he forcefully took away my car. Police recovered my car after a few days and called me to collect it from their garage, I went to collect the vehicle on the same day. Police smashed my vehicle while chasing that guy. My insurance company collected my vehicle from my driveway and categorised its total loss. Now they have kept my car and said my claim is under review. I am still paying road tax and insurance premium via monthly direct debit. I chase insurance company every day because we used that for our kids pick and drop. The insurance company is not even giving me a courtesy car saying because my vehicle is unrepairable therefore I will not get a courtesy car.  

can you please advise me what should I do? It's the fourth week now and I am still without a vehicle and my claim is still not approved. I called them and now they are saying they are waiting for the police report. I have submitted all the documents to their investigation company before my interview was conducted by their investigation company.

I requested them multiple times to approve my claim ASAP so I can buy a car for my family. It is directly impacting my children's development they are unable to go to their classes.

Please advise...

You need to be careful with your choice of words.

If the car was taken by force it suggested a robbery. However I suspect he took and unattended vehicle with the keys in.

What time of day did this happen? If it was in the morning and frosty, you're up against things as they'll think you left it running whilst defrosting.

Nobbie1967

You may find they don’t pay your claim since you left the keys in the vehicle and they may consider that you have failed to:
‘Take all reasonable steps to protect your car

and its contents from loss or damage.’

which is a common clause in car insurance policies.

They may also be suspicious at how unlucky you were that a thief was passing just as you left the vehicle temporarily.

I think you’ll just have to wait for them to complete their inquiries and then if they refuse the claim, appeal to the ombudsman.

Car_54

Nobbie1967 said:

You may find they don’t pay your claim since you left the keys in the vehicle and they may consider that you have failed to:
‘Take all reasonable steps to protect your car

and its contents from loss or damage.’

which is a common clause in car insurance policies.

They may also be suspicious at how unlucky you were that a thief was passing just as you left the vehicle temporarily.

I think you’ll just have to wait for them to complete their inquiries and then if they refuse the claim, appeal to the ombudsman.

The ombudsman won’t entertain an appeal until the OP has exhausted his insurer’s own complaint procedure. That can take several weeks.

Aretnap

Most policies will have a clause asking the lines of "we will not cover theft if you leave the keys in the car while it is unattended". 

The exact circumstances will therefore be important. AIUI the Financial Ombudsman has tended to interpret "unattended" as meaning that the l cert was out of your sight or that you were to far away to have reasonably expected to have deterred a theft, rather than meaning that you were not physically in the vehicle. So as you describe it your claim would not automatically be rejected, but it could go either way - which is probably why it is taking so long. 

This may be helpful

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/insurance/motor-insurance/vehicle-theft

Sandtree

Grumpy_chap said:
It is possible that the latter of these two outcomes would be better as it gives evidence that the car was genuinely stolen.

The question isnt if the car has actually been stolen but if the policyholder had taken reasonable care... its the same that they wont cover a smashed window and snatched handbag that was left of a parked unattended vehicle's passenger seat. If it was in the boot it would have been covered.

The fact its smashed up doesnt change the circumstances of the theft or if it can be argued they were grossly negligent by leaving the vehicle with the keys in it to speak to their wife.

At this point all the OP can do is register a complaint about the amount of time it is taking but realistically it would be highly unlikely to get to a further 8 weeks which is when they can then go to the ombudsman if the complaint isnt resolved. 

Brie

I don't know about the road tax - you might try reporting that to the DVLA to get an end date on it so you don't have to pay further until you get another car.

As for the direct debit - it sounds like you are paying for the full year of insurance over 12 (poss 11) months.  You cannot stop paying as you have a claim pending and even if and when the insurance company pays out you still have to pay for the entire year's premium.  Too many people thing that cancelling their DD is fair as they no longer have the car.  But this is separate to the policy in being a credit agreement that you sign up for, no different than getting a loan.  When the claim has been concluded then you can get a new car added to the policy (prob for a fee) and can continue to pay to the end of the policy term.

8871Jlw

You cause more red flags by calling every day, just a heads up.    There’s nothing you can do at this time. But you’ll probably find that this isn’t going to go at the speed you want it to.

I envisage the insurer will decline your claim due to a breach of conditions of your policy - I.e leaving the keys in the ignition.  I’d have rejected it pretty quickly, but it will depend on their repudiation process and how honest you’ve been with them!  

My advice - buy another car 

sheramber

If the police caused damage to the car by ramming it then your insurance company may want to claim from them- hence wanting the police report.