# Car stolen and crashed, is my no claims affected?



## JJ1982 (18 Jan 2010)

Hi there

My car was stolen on saturday while I was filling tyres with air, literally a guy hopped in and reversed it out of its car space and striaght out onto the main road and into a car sitting in traffic. The guy took off and hasnt been caught to date. I just collected my car from the pound where it was technically examined and must bring it to a crash repair centre.

However I am not sure what the situation is with my insurance and they havent been clear with me (I could only contact them this morning and I am waiting for my handler to call me back). Is my no claims effected by this? Can the other poor guy whose car was crashed into claim from my insurance. Do i lose a 7 years no claim bonus cos of this scumbag? 

Thanks for any advice


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## Mr. C.J.H. (18 Jan 2010)

OP, if only it was a case of losing your no claims bonus than you would have little to worry about. Generally speaking, with many motor insurance policies theft of the vehicle will not affect your no claims bonus. 

However, theft of the vehicle with the keys in the ignition (as I assume happened here?) is a different matter entirely.  Most insurers operate on the basis that loss or damage caused by theft or attempted theft if the keys (or keyless entry system) are left unsecured or left in or on an unattended car are not covered. So in all probability the damage to your own vehicle will not be covered and you will have to make good this damage yourself. 

In regards to whether you iwill bear the responsibility for the loss/damage caused to the other vehicle/driver it will depend on the specific circumstances of the case. A relatively recent Supreme Court decision (Breslin -v- Corcoran) in a similar case did not find the driver who left his keys in the ignition liable for the damage/injury caused to a pedestrian as a result of a collision, but it must be remembered that all these cases turn on their own particular facts; accordingly, this should not be interpreted as a definitive view. Nonetheless, I would have thought that the other driver should be able to recover from the Motor Insurance Bureau of Ireland (MIBI) pursuant to the relevant Agreement.


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## JJ1982 (18 Jan 2010)

Thank you for the reply. Can I just add on your seond paragraph there. The keys were in the ignitian but the car wasnt unattended I was pumping up the wheel with air at the time. Does this count as unattened form the insurance point of view? I suppose it would be similar to someone driving off while you are filling the petrol tank? 

Thanks for your response.


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## sam h (18 Jan 2010)

Not an expert, but I did hear before that once you get out of the car, it is considered unattended.  You need to be in the car with the keys.  

The fact you were standing beside the car may be considered slightly different, but insurance companies are being hammered at the moment (flooding, water damage from frozen pipes, car damage from the ice etc) so I reckon they will be looking for every escape clause possible.

It's something we've all done.  I'd never do it a a garage as they are a well know target spot for thiefs (more so when people go in to pay).  But I have started the car on a cold morning & gone back inside to finish my coffee!!

Best of luck


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## sam h (18 Jan 2010)

UK Financial Ombusman Link to some similar cases & they found in the favour of the insurance company each time. 

The wording (std in most policies) is as follows :
_ ‘the car is left unattended or unoccupied and the doors and boot are not locked or any window or roof opening/hood has not been secured closed or if the keys are not removed from the car’_


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## JJ1982 (19 Jan 2010)

Thanks for your replies on this. I have been talkign to the insurance handler and basiaclly the advice given abov seems to be spot on. They are reviwing it but to be honest I do feel they will not accept the claim. I feel very hard done by to be honest but isnt that life.


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