Stolen and Burnt out.

David09

My friend parked her 01 polo outside another friend's house. She was only there for a few minutes but when she came back out, the car was gone.

Guards found the car fully ablaze on a by-road leading out from the town. A long trail of oil ended in the spot where the car was burnt, presumably the scrotes "sumped" it before seizing it.

Anyway, the question is, since the car was stolen using the keys and they were left in the ignition, what are her chances of being paid out by the insurance??

challengemaster

David09 wrote: »

Anyway, the question is, since the car was stolen using the keys and they were left in the ignition, what are her chances of being paid out by the insurance??

Not a hope.

That was entirely stupid though....

Nissan doctor

The mind boggles. I'd really love to know what thought process lead her to think that parking a car and leaving the keys in it while you go inside was something that was likely to go well:rolleyes:

The insurance won't pay out IMO because she left the keys in the car. Same as if you leave the car unlocked(if they can prove it that is)

Cabaal

Keys left in the car, oh the insurance company won't like that one at all.

I know a guy who was stupid enough to do this and he got nothing back, very hard lesson to learn

garhjw

unfortunately i can't see the insurance company paying out. i'm quite sure insurance companies are strict on this. i rememebr a case in the papers a few years ago where a guy the keys in his car while in the petrol station. he went inside to pay and someone drove off. he didn't get paid..

TwoShedsJackson

They won't pay out - the stealer has to make an actual effort to steal your car in order for insurance to pay out, if she left the keys in the ignition she has no chance.

Same thing would apply on house insurance - if she left her front door open and thieves clear the place out, she's **** out of luck, they have to physically break in for insurance to care.

Plug

What if the thief bet you up, stole your keys and then the car, would they pay out then?

Anan1

Plug wrote: »

What if the thief bet you up, stole your keys and then the car, would they pay out then?

Yes. You're expected to take reasonable care of the insured item; leaving keys in the ignition isn't.

vectra

Plug wrote: »

What if the thief bet you up, stole your keys and then the car, would they pay out then?

Or,
What if the driver got out of the car,Locked it.Put the keys in pocket but accidently missed pocket and key(s) fell on ground next to car unnoticed by driver, when Thief comes along and spots them and takes off.?:P

Topper Harley

vectra wrote: »

Or,
What if the driver got out of the car,Locked it.Put the keys in pocket but accidently missed pocket and key(s) fell on ground next to car unnoticed by driver, when Thief comes along and spots them and takes off.?:P

Or,
What if the keys were stolen from you house? That actually happens!:P
And anyway, if you didn't notice when you dropped your keys next to the car how would you know that's what you did?

seamus

Theft is theft, whether the keys are in the ignition or not, the car was stolen from her, and her insurance company have offered her indemnity in the event that occurs.
She does have a duty to exercise reasonable care, but accidentally leaving your keys in the car is just that, an accident and IMO wouldn't entirely void her policy. If she intentionally left her keys in the ignition while she ran in, then that's a different story.

She should check her policy documents as others mention, but if the insurance company are steadfast refusing to pay out, then it may be worth talking to a solicitor about it.

Gregor Samsa

seamus wrote: »

Theft is theft, whether the keys are in the ignition or not, the car was stolen from her, and her insurance company have offered her indemnity in the event that occurs.
She does have a duty to exercise reasonable care, but accidentally leaving your keys in the car is just that, an accident and IMO wouldn't entirely void her policy. If she intentionally left her keys in the ignition while she ran in, then that's a different story.

The insurance company have offered indemnity against theft with conditions. One condition usually being that you take reasonable care not to leave your car in such a way that it's very easy to steal.

Whether she "accidentally" left the keys in the ignition or not is irrelevant. "Accidentally" doesn't get you out of your responsibilities.

By all means, she should check her policy. But unless the insurance company are even more flakey than she is, I doubt she'll find any joy in it.

Our man in Havana

It would be hardly worth making a F&T claim on a 10 year old car in any event.

seamus

phutyle wrote: »

The insurance company have offered indemnity against theft with conditions. One condition usually being that you take reasonable care not to leave your car in such a way that it's very easy to steal.

Whether she "accidentally" left the keys in the ignition or not is irrelevant. "Accidentally" doesn't get you out of your responsibilities.

No of course it doesn't, but it doesn't absolve the insurance company of theirs either. The entire point of is insurance is to mitigate against the unforseeable future and human error. An accident is a result of human error.

There's a difference between wilful neglect and oversight. Much like the examples others give about accidentally dropping your keys outside the car. Ultimately if someone's keys are taken, you can find some way to make it their fault. Stolen from the hall table? Shouldn't have left them in full view. Stolen from your handbag? Should have taken better care of your handbag. Where does personal responsibility end? Your personal responsibility in terms of insurance extends to intentional acts (or non-acts) carried out by you which result in theft or damage to the vehicle.
Forgetting to lock your car, resulting in theft, is covered by your insurance. Leaving your keys in the ignition cos you're just nipping in for a second, isn't.

However, leaving the keys in the ignition is something that would be generally considered intentional. For most of us, removing the keys is an automatic response, so it's fair to say that if she left the keys in the ignition, then she did it willingly.
But if she genuinely did it by accident, then it would be worth exploring the possibility of challenging the insurance company.

Henry Ford III

Did the owner leave the engine running?

I can't see how engaging the services of a solicitor would make any difference to the claim, bar incurring additional expense.

Henry Ford III

Did the owner leave the engine running?

I can't see how engaging the services of a solicitor would make any difference to the claim, bar incurring additional expense.

mickdw

Ive seen a few cases where they have paid out even when stolen with keys.
In some of the cases, the fact the keys were in the car was not even an issue as they were taken from hall table. In others, they made a big deal of it but paid in the end after much hassle.
I figure if your friends car was worth 30,000 or something, it would be worth keeping at them and its hard to see them not paying in the end. Considering the value of your friends car, its hardly worth claiming even in a straight forward case so really might be easier all round to just buy another cheap car.

Cookie_Monster

partners father left engine running and door open, car got nicked.

fully paid out. he was locking the school gate directly behind the car though rather than inside.

Henry Ford III

Stolen keys and keys left in the ignition are very different claims in fairness.

Fey!

There was a case at a hotel in Galway 2 years ago where a car was left running in the carpark while the owner ran into the hotel to get something, and a well known local scrote who had been drinking in the bar came out, got into the car, and led the Gardai on a merry chase.

As far as I can remember the car owners' insurance company shelled out.