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Motor insurance refusing to pay our after twoc


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Can anyone offer advice on following circumstances: my partner lent his car to a friend, it was agreed the car would be returned by 8pm on same day. The car was not returned by 8pm and was after this time involved in an accident where the lender deliberately at a female, she was rammed into a tree causing serious injuries and extensive damage to the rear of the borrowed vehicle. Police attended and because the vehicle had not been returned at the agreed time it was crimed as Taken Without Owners Consent. My partners insurance company recovered the vehicle, took it to their approvetmd garage for the £3,500 worth of repairs to be carried out. A loss adjuster/investigator for the insurance company visited my partner and confirmed that the insurance would be paying for repair of car as it had been crimed and he was satisfied with the circumstances, ie at point of vehicle not being returned the drived did not have my partner's permission to drive it thus making out the offence of TWOC. After 2 months of vehicle being in repair garage insurance company have now written to my partner stating as he gave the driver the keys when originally lending the vehicle, they are not satisfied that a theft has ocurred and will not be paying out for repairs. Can anyone advise whether this is correct that insurance company can now legitamately refuse to pay out? (insurance was fully comprehensive) thanks any advice appreciated.

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Can anyone offer advice on following circumstances: my partner lent his car to a friend, it was agreed the car would be returned by 8pm on same day. The car was not returned by 8pm and was after this time involved in an accident where the lender deliberately at a female, she was rammed into a tree causing serious injuries and extensive damage to the rear of the borrowed vehicle. Police attended and because the vehicle had not been returned at the agreed time it was crimed as Taken Without Owners Consent. My partners insurance company recovered the vehicle, took it to their approvetmd garage for the £3,500 worth of repairs to be carried out. A loss adjuster/investigator for the insurance company visited my partner and confirmed that the insurance would be paying for repair of car as it had been crimed and he was satisfied with the circumstances, ie at point of vehicle not being returned the drived did not have my partner's permission to drive it thus making out the offence of TWOC. After 2 months of vehicle being in repair garage insurance company have now written to my partner stating as he gave the driver the keys when originally lending the vehicle, they are not satisfied that a theft has ocurred and will not be paying out for repairs. Can anyone advise whether this is correct that insurance company can now legitamately refuse to pay out? (insurance was fully comprehensive) thanks any advice appreciated.

 

Insurers are quite correct, a theft did not occur you lent your vehicle to a friend who failed to return it at the agreed time.Whilst the Police may classify this as a TWOC, your Insurance Company will only deal with it as a theft claim if you took all reasonable precautions to stop the theft occuring, and giving the keys or lending the car to someone will fall outside of what they class as all reasonable precautions. (Think of it like this, most insurers will not pay out for a theft claim if you left the keys in the car because you hadn't taken all reasonable precautions).If the person you lent it to was authorised and insured to drive on your own comprtehensive policy then you might have a case, but given that you have said that it was driven deliberately at someone and that was what caused the damage then I think the insurers would again have every right to decline a payout.I think you will have to pay for the repairs yourself and then seek the cost of it back from the person you lent the car to, and if there was someone injured then they will make a claim against your insurers (as insurer concerned) so you can expect to lose your no claims discount (if it isn't protected) and you will have to declare this on future insurance quotes if a claim is indeed made against you.Mossycat

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Thanks for reply, I feared as much. Do you think it's worth writing back to insurers as says you have a right to dispute the refusal to pay out within 30 days or would replying and disputing the insurers decision a waste of time?! Thanks,

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Hi and welcome to CAG (and hello Mossy!).

 

I agree with Mossy here although you could try and find out if there is any mileage in asking the police to add compensation in the prosecution when the matter comes to court. This of course will only work if the defendant has any collateral. Another option might be trying to claim through the MIB.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Are your insurers paying for TP damage? if not you may also face a claim from the third parties insurers for their losses, or if they dont claim the TP may claim for their excess.

I pressume the person you lent the car to had no insurance of their own?

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