our car was stolen last week. we recovered it a few days later. they smashed a window to break in. the car was not hot wired. we have no idea how they got past the immobiliser and then started the car (needs a physical key), there was no damage. we definitely have both sets of keys in our possession.
The only way to know is to read the PDS. Each insurer is different and some cover it, some don't. You could tell us your insurer and maybe someone can give a definitive answer.
Definitely don't lie to the assessor. Insurance fraud is not taken lightly.
Hopefully your insurer covers it as the accident it is.
My insurer is QBE and it plainly states it’s not covered if the keys were in the vehicle so I don’t like my chances.
The thing is I wasn’t negligent, I did everything to mitigate loss by going straight back with the spare key to get it, without delay, so Im hoping there’s something in the policy - a loophole. I actually didn’t even lock the car - it auto locked by itself so I wasn’t negligent in that regard either. I don’t know but I’m guessing I’m out $26k. Could be worse, I suppose.
It’s also possible that they forcefully gained access and just pushed it in the water and leaving the key played no part. People can be arseholes.
>You were negligent by leaving the car unattended when you knew the keys were inside.
...but did he leave the keys inside the vehicle, he looked in all windows but could not see the keys in the ignition or dropped in the car
What does the policy say exactly? If it literally says "not covered if the keys are in the vehicle" then yeah, that's pretty black and white.
It's really easy to unlock a car without the keys. I've done it half a dozen times and asked a locksmith to do it a few times when I was worried I might damage the car. They've never used special tools - often it was just a scrap piece of wire or plastic.
What's with the amount of people on r/auslegal giving the advice to OP to commit insurance fraud by lying to police and/or the insurer? How the fuck?
Just out of curiosity, what car was it, OP?
I’ve actually considered that and wondered if they did in fact do that. It’s totally possible. It was only a couple of metres they would have had to push it. I’ll mention that possibility because really, I have no idea how it got in the river, I just assumed they drove it in. Thank you.
Someone broke into my car once. I think I may have forgotten to lock it? Hard to be sure. But I had a spare key hidden in the boot. The key was gone. I called my insurance company to report the stolen key. The next day I came out and the car was gone. The thieves had come back, used the key they had stolen the day before, and went galivanting around the city on a crime spree or something probably. I just know because they were buzzing up and down citylink and I had to get the tolls wiped.
In spite of the key being in the car, the insurance paid out for the repair of the car when it was returned. I wish it had been torched instead, but them's the breaks. It stank and was full of drug paraphenalia and cigarettes and they stole everything in it including my Melways and phone charger.
you had an expensive item on the front seat baiting someone to just break in and you went home to get the key? How come you didn't contact a service like RACQ (whatever the equivalent in NSW is)
Thats a sucky situation to be in but i'd be too worried to leave my car so vulnerable
A lot of newer fancy cars have emergency keys in the manual book which is often left in the glovebox which is a key which can open and start the car. I wonder if all those cars aren’t covered
Just tell the truth. Accidents happen, thats why you have insurance. The clause in the PDS is meant to stop people from leaving the car unlocked with the keys in it in the hope someone steals it - insurance fraud.
The PDS clearly in your own words say it's not covered.
The keys were in the car, along with a fucking iPad in clear view.
Don't commit insurance fraud.
Take responsibility for your actions.
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I would just say the car was stolen. Dont mention the keys. They wont likely ask.
It is on the standard list of questions they ask when you report a stolen vehicle in NSW.
They can easily work it out when it’s hot wired or not..
our car was stolen last week. we recovered it a few days later. they smashed a window to break in. the car was not hot wired. we have no idea how they got past the immobiliser and then started the car (needs a physical key), there was no damage. we definitely have both sets of keys in our possession.
[удалено]
I wish that was the case.
lol take the hint mate
You don't recall. You lost the key. The car was locked. You were going for a spare.
It is if you say it is.
The only way to know is to read the PDS. Each insurer is different and some cover it, some don't. You could tell us your insurer and maybe someone can give a definitive answer. Definitely don't lie to the assessor. Insurance fraud is not taken lightly. Hopefully your insurer covers it as the accident it is.
My insurer is QBE and it plainly states it’s not covered if the keys were in the vehicle so I don’t like my chances. The thing is I wasn’t negligent, I did everything to mitigate loss by going straight back with the spare key to get it, without delay, so Im hoping there’s something in the policy - a loophole. I actually didn’t even lock the car - it auto locked by itself so I wasn’t negligent in that regard either. I don’t know but I’m guessing I’m out $26k. Could be worse, I suppose. It’s also possible that they forcefully gained access and just pushed it in the water and leaving the key played no part. People can be arseholes.
You were negligent by leaving the car unattended when you knew the keys were inside. That's what insurance will say.
>You were negligent by leaving the car unattended when you knew the keys were inside. ...but did he leave the keys inside the vehicle, he looked in all windows but could not see the keys in the ignition or dropped in the car
You did everything to mitigate the loss, except for leaving the keys to the car inside the car….
QBE has joined the conversation.
You left the keys under an iPad? The iPad is most likely what they were after. They would have broken in to steal that, finding the keys was a bonus.
Leaving an Ipad on the front seat is just inviting someone to break in
The issue you might face, is how are you going to prove the car was locked?
Thanks for the response. There are signs of forced entry with the window being smashed on the drivers side. Fingers crossed it matters. 😩
Sure, it works in your favour, but still doesn't prove it. I would say, considering you've seen that clause, they will use it to its fullest.
What does the policy say exactly? If it literally says "not covered if the keys are in the vehicle" then yeah, that's pretty black and white. It's really easy to unlock a car without the keys. I've done it half a dozen times and asked a locksmith to do it a few times when I was worried I might damage the car. They've never used special tools - often it was just a scrap piece of wire or plastic.
What's with the amount of people on r/auslegal giving the advice to OP to commit insurance fraud by lying to police and/or the insurer? How the fuck? Just out of curiosity, what car was it, OP?
Theoretically, could they have smashed the window, disengaged the handbrake, put the car in neutral and pushed it into the river?
I’ve actually considered that and wondered if they did in fact do that. It’s totally possible. It was only a couple of metres they would have had to push it. I’ll mention that possibility because really, I have no idea how it got in the river, I just assumed they drove it in. Thank you.
Any witnesses? Or better yet, caught on camera (dash cams, ring doorbells etc)?
Someone broke into my car once. I think I may have forgotten to lock it? Hard to be sure. But I had a spare key hidden in the boot. The key was gone. I called my insurance company to report the stolen key. The next day I came out and the car was gone. The thieves had come back, used the key they had stolen the day before, and went galivanting around the city on a crime spree or something probably. I just know because they were buzzing up and down citylink and I had to get the tolls wiped. In spite of the key being in the car, the insurance paid out for the repair of the car when it was returned. I wish it had been torched instead, but them's the breaks. It stank and was full of drug paraphenalia and cigarettes and they stole everything in it including my Melways and phone charger.
you had an expensive item on the front seat baiting someone to just break in and you went home to get the key? How come you didn't contact a service like RACQ (whatever the equivalent in NSW is) Thats a sucky situation to be in but i'd be too worried to leave my car so vulnerable
A lot of newer fancy cars have emergency keys in the manual book which is often left in the glovebox which is a key which can open and start the car. I wonder if all those cars aren’t covered
You answered your question in your post so what do you want us to tell you?
Just tell the truth. Accidents happen, thats why you have insurance. The clause in the PDS is meant to stop people from leaving the car unlocked with the keys in it in the hope someone steals it - insurance fraud.
Thank you. I’ve already told the truth to the Police and definitely intend on doing the same to when the assessor contacts me.
The PDS clearly in your own words say it's not covered. The keys were in the car, along with a fucking iPad in clear view. Don't commit insurance fraud. Take responsibility for your actions.
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Don’t say the keys were in the car
Too late, I’ve already told the truth to Police.