Most motor insurance policies now exclude cover for theft if the vehicle is left unlocked and unattended or if the keys are left in or on the vehicle. If this applies to your case, this exclusion is highlighted in our Statement of Facts or in your register and employers need to make absolutely sure that any vehicle user is aware of the situation and complies with it. It would be highly expensive for the business if a vehicle is stolen and the insurer refuses to pay out.
Clients are sometimes unclear over the wording and often claim that insurers have applied the exclusion unfairly and ask us to fight the situation on their behalf. The Financial Services Ombudsman is the final arbiter in insurance disputes and often their decisions can be used as a precedent in our arguments with insurers. The main areas of disputes are:
- The vehicle is unattended when it is left momentarily but is still in the drivers sight. This can apply on deliveries etc,
- It is unattended on garage forecourts whilst paying for fuel
- Keys are left in the lock whilst gates etc, are being opened
- Vehicles are being warmed up unattended in cold weather
- Someone rushes back into the house or business premises because something has been forgotten leaving vehicle unlocked
It is impossible to prejudge the situation regarding acceptance of a claim but insurers would take into account
- Where the car was at the time of the incident
- Whether the driver was in a position to deter the theft or make the theft unlikely
- Whether the driver was recklessly disregarding the risk of theft
- Any mitigating factors that caused the driver to leave the car and keys
Whilst we will argue your case as best we can, it is only if special circumstances apply that we can be successful. It is very important that you make sure all existing and new employees who drive company vehicles are aware of the situation and the message is regularly reinforced.
