Police didn't prosecute for TWOC - what does this mean for my insurance claim?

ontheroad1970

The Cotswold Group are private investigation company that insurance companies use to investigate potential fraud - I think  they have been on Claimed and Shamed on BBC daytime TV.  I suspect your failure to nominate one person specifically to look after your keys will have made this way more protracted than it might have been.  In hindsight, a taxi to the pub would have been cheaper and less hassle.  Good Luck

JohnnyB70

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

It sounds like maybe it’s best to not drive to the pub in future. Given your flat refusal to say what your friends have said it’s hard to give you any more advice.

cjp2308

JohnnyB70 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

It sounds like maybe it’s best to not drive to the pub in future. Given your flat refusal to say what your friends have said it’s hard to give you any more advice.

Thought I'd replied but it didn't post, they all seemed to pass responsibility on to each other.

cjp2308

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

It sounds like maybe it’s best to not drive to the pub in future. Given your flat refusal to say what your friends have said it’s hard to give you any more advice.

Thought I'd replied but it didn't post, they all seemed to pass responsibility on to each other.

Just to complicate things further too, my friends who I asked to keep the keys to taken away the risk of any stupid decisions know the boys who took my vehicle

sheramber

Chances are everybody got up and left the keys lying on the table.

However,  were a 16 and 17 year old in the pub  without an adult?

ontheroad1970

sheramber said:

Chances are everybody got up and left the keys lying on the table.

However,  were a 16 and 17 year old in the pub  without an adult?

Wouldn't sound unlikely to me.  I was in pubs when I was 16 and 17 without my parents and drinking alcohol - as I guess many of us were.

JohnnyB70

cjp2308 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

It sounds like maybe it’s best to not drive to the pub in future. Given your flat refusal to say what your friends have said it’s hard to give you any more advice.

Thought I'd replied but it didn't post, they all seemed to pass responsibility on to each other.

Just to complicate things further too, my friends who I asked to keep the keys to taken away the risk of any stupid decisions know the boys who took my vehicle

What a mess, and it’s unfortunate that you’ve only found this out after the claim.

It’s not clear what your insurance will decide, but they’ve got good grounds to not pay out.

I hope they do, but you’re just going to have to wait and see.

cjp2308

sheramber said:

Chances are everybody got up and left the keys lying on the table.

However,  were a 16 and 17 year old in the pub  without an adult?

We left the pub when it closed, to walk to the next pub about 900 yards away, normally when sober I'd check I've got my keys wallet and phone. Shortly after I arrived at the pub I had a call from the police to say the car was on its roof. 

cjp2308

JohnnyB70 said:

cjp2308 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

JohnnyB70 said:

cjp2308 said:

pinkshoes said:

In short, you decided not to drive home, so dumped your keys on a table where your mates were sitting and asked them to look after your keys.

Two kids then took the keys, took your car for a spin and wrote it off.

Unfortunately just leaving keys on the table rather than asking one specific friend to look after them is not going to look good. 

But if these kids have admitted to taking your car, surely they are driving without insurance, a license etc...?

I still don't understand why the police cannot prosecute given they have admitted taking it and admitted they didn't know you. 

It might mean you need to take out a private prosecution against the driver and take them to court for the value of the car that was written off. How much was it worth?

Summed it up well there, I think the wording of how the keys were left is the biggest issue. I think in my initial conversations with police and insurance I said I passed my keys to friend's by placing them on the table and asking them to look after and I would collect.

 It's unbelievable that that the cctv wasn't working that particular night.

They were arrested after running away from the scene but neighbors said they were seen leaving the vehicle and said to the police they were driving, however following their arrest said they had permission despite not knowing me hadn't me previously. Which is why the haven't prosecuted for TWOC, even if they can't do the TWOC, there are numerous driving charges they could be hit with.

Car purchased 8 weeks before incident, cash purchase -20k

Why are you not answering questions about what your friend did when you gave them the keys?

It was a group of friends, rather than 1 individual, the keys remained on the table for some time, so I was under the impression that one one of them had them for safe keeping. Which is obviously what I should have been more careful with 

It sounds like maybe it’s best to not drive to the pub in future. Given your flat refusal to say what your friends have said it’s hard to give you any more advice.

Thought I'd replied but it didn't post, they all seemed to pass responsibility on to each other.

Just to complicate things further too, my friends who I asked to keep the keys to taken away the risk of any stupid decisions know the boys who took my vehicle

What a mess, and it’s unfortunate that you’ve only found this out after the claim.

It’s not clear what your insurance will decide, but they’ve got good grounds to not pay out.

I hope they do, but you’re just going to have to wait and see.

Yeah, bit late now and nothing I can do to control the out come, expensive lesson learnt 

cjp2308

sheramber said:

Chances are everybody got up and left the keys lying on the table.

However,  were a 16 and 17 year old in the pub  without an adult?

Yeah it's a football clubhouse so they were there drinking, blew over the limit at the scene, under at station