Hi my megane cabriolet 2006 55 plat 2.0 auto was stolen in january and found burn out by the police not far from where it was taken. I files the claim with Direct line and completed paperwork and sent them both keys and log book. After a lengthy wait they finally responded to me today to say that they would not validate the claim as the car coul dnot have been stolen without the key unless it had been towed, which was unlikely. They said I can pursue the claim but would have to provide them information as to how the vehiclecould have been stolen without the key - when I suggested that surely they should do this they simply said they had. I asked where could I get this information from and they suggested the police or from the internet. I feel absolutely gutted, it was not bad enough that my car has been taken and I am now having to pay for hire car but now I may not get any money for a replacement car unless I can come up with a case to prove the car was stolen without the key. I would appreciate any helpor advice anyone can give me. thanks

So they're up to this trick again/still?

Put a complaint in and when they reject it, go to the FOS. They will not agree that a car can never be stolen without a key and will not accept such an excuse to not pay out.

It's similar to the "keys left in car / car unattended" scenarios. Even though the policy contains exclusions for thefts under such conditions, the FOS has accepted complaints from insureds.

Obviously it depends on the individual circumstances, but I cannot see the insurer getting away with this.

Thanks Gyzmo for replying. I have spoken to the police this morning and they also tell me that there are still lots of cars stolen without keys are they are not suspicious about my case. m I'll keep you posted. Thanks again.

Hi N4cop,

It may be worth asking the police to confirm in writing their comments from your conversation, then simply forward this to DL with a letter simply asking for their comments and how they came to their decision not to deal with your claim.

Well I used to work for them and all I can say is that the reason was a complete ignorance of insurance law.

I have had about 5 or 6 such cases on which I had to scream and shout at team leaders that they were wrong in rejecting the claim, only to be ignored and to watch the complaint go (successfully) to the FOS. "I told you so" obviously has no effect on them at all....

Hi Gyzmo - any tips on content of letter? am still waiting for the letter from DL to confirm non-validation and what I can do next its been 9 days since they rang me to say the claim was not validated. they really are dragging their heels I've had a loan car for 7 weeks now of they are only paying for three, the third week only because I complained about the length of time it took them to send me the paperwork after the telephone interview!

Something simple like this:

Sirs,

Further to my claim for the theft of my car, please consider this as a complaint.

My vehicle was stolen on/between [time/date] and I reported the loss of my car to you on [date]. I stated that no keys were lost or stolen. You have rejected my claim on the basis that it cannot be stolen without the keys or that such a theft is "unlikely".

This is not an acceptable basis on which to refuse a claim. You have also requested that I suggest how it could have been stolen. Whilst aware that he onus of proof lies with myself, I am sure you are aware that one cannot prove a negative, and the OFTs code of practice requires that you do not reject claims unreasonably, especially where it is difficult to prove the cause of a loss, as in this case. You are aware that I have reported this matter to the police and they have confirmed that they are not suspicious of the circumstances.

As such, I believe I have discharged my responsibilities under the contract of insurance. I have proven the loss of the vehicle which is not due to recklessness on my part. I therefore look forward to your explanation or, preferably, confirmation that you will meet my claim.

Yours,,,,,

Make sure you head the letter "complaint" so they are in no doubt that they cannot class it as a complaint. If they miss any deadline, or as soon as you get a final response, go straight to the FOS (presuming they still refuse to meet the claim). It's messy and time consuming, but these things have to be followed through to ensure you get the right outcome.

And remember to NEVER deal with them over the phone. You want to be able to produce everything they say in evidence, and letters are a lot easier than trying to get them to provide a transcript of a call.

Gyzmo, thanks ever so much for this. my brother in law made a good point this evening, he said why would DL sell me a policy for theft if the car cannot be stolen, surely they must have misold this policy to me! will keep you posted

THE letter finally arrived! theyb may as well have said we think you did it!!!

"they have no record of of this type of vehicle being driven without the keys". That is not the same as saying "it's impossible", nor does it exclude that there are various instances of this happening that they have no knowledge of.

They also have no addressed the possibility of the keys being copied. And who is to say that the purpose of the theft was to burn it? It could have been stolen to say "I can do it", or by some arsonist. Or someone who had a change of mind after stealing it. I personally do not think they are beyond the realms of possibility.

I would still put in the complaint, but you will now need to refute what DL have said. The best way I can imagine is to contact a loss assessor to assist, or get some other expert opinion.

Hopefuly someone else will come along who may have a few ideas.