Burgled. Claim declined because of no proof of force or violent entry.

[AdviceforRachel]

I was burgled 10 days ago and have found out today from my insurer my claim has been declined due to no sign of forced or violent entry. Don't know if I have any where to go from here so any advice appreciated. Is it worth contacting the ombudsman?

 

Police could not be conclusive as to how burglar entered. Suspect bathroom window but said the Yale lock could have been forced. The crime scene investigator could not retrieve any prints or be certain. very small and when I returned home the window was as I left it. The fact there is no proof of forced/ violent entry seems to be reason they won't pay out. Find this clause so frustrating as it seems without a broken window or specific evidence they seem to suggest I am lying and must have left my doors and

windows open.

[Yorkyclaims]

My initial thought is so?? Most insurers will only exclude money if there is no Forcible or violent entry...

 

Who are you insured with, and were you only claiming money?

[BankFodder]

If you are insured against burglary then you should tell the insurer that burglary does not require violent entry.

 

I would be very intolerant of this kind of attitude from an insurer and I would threaten County Court action very quickly - and begin it within 2 weeks if they did not pay me or promise to pay me.

 

Tell the insurers that if they think that the claim is dishonest that they should report you to the police. In a County Court action, once you have raised the suggestion that you were burgled and have shown that you have contacted the police, I think that it will fall on the insurer to prove that you are not telling the truth and that you are trying to defraud them.

 

Why haven't you told us who the insurer is? Are you trying to protect them?

[AdviceforRachel]

I am insured with Halifax. My policy booklet in small print says I am covered for theft providing there was forcible and violent entry. I am saying they must hve forced there way in but as far as Halifax seem to be concerned I have to proove it!

 

I could go to the FSO insurance division but don't know if I would get anywhere?

[AdviceforRachel]

They took tv, laptop, netbook, iPod, camera, and jewellery!

[Mwynci]

I'm not sure you will succeed, on the basis that the policy defines how and when a claim for theft will be accepted, it is up to you to prove it happened that way.

If the poice are making suggestions they need to put it on the report, otherwise it's no more than a suggestion.

 

Now food for thought, is this forced and violent entry or forced or violent entry?

 

If the second, forced entry is no more than pushing a door open, even the smallest movement is force. If some sort of movement went on, i.e. the window was left ajar, it was forced. But be very carefull what you say.

[oxford0614]

in future, if there is no sign of forced entry, maybe a good idea to "accidentally" smash a window?

[unclebulgaria67]

Forcible and/or violent entry exclusion normally only applies where the property is shared by unrelated people. Check the policy wording and make sure the loss adjuster/Insurers are basing their decision on your actual circumstances.

[cups]

Ask the police for a copy of the crime report, they wouldn't send round a Scene Examiner for forensics if they thought you were lying .

 

Burglary is clearly someone enters as a trespasser, there is no requirement in law for force or violence to be used to gain entry for the offence of burglary.

 

I suppose the breaking of a window is too late, always to remember to break it from the outside though!!

 

Seems to me you may need a new insurer if they continue to be obstructive.

 

Cups