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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I accidentally left my door unlocked at night. A thief came

Resolved Question:

I accidentally left my door unlocked at night. A thief came in stole my car keys and made off with my car.He damaged my car and my insurance refuse to pay up on my comprehensive policy.do I have grounds for complaint?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : Is there a clause in your policy that allows them to refuse to pay because of this please?
Customer: Sorry don't know documents still in car at pound.
Alex Watts : Ok. On what basis are they refusing, because you did not keep the keys safe?
Customer: Yes because door was open.
Alex Watts : Ok, without the policy in front of you it is hard to advise but
Alex Watts : If the policy states that there is a clause saying if you are negligent or allow access to the keys without due care and the insurance company can refuse to pay, then you are stuck.
Alex Watts : This is because it would be in black and white and you would be deemed to accept this by having the policy.
Alex Watts : But if there is NO such clause then the insurance company can not refuse to pay out and yes you would have cause to complain,
Alex Watts : In this case you would need to raise it with the insurance company as a formal complaint and if they still refused then to take it to the ombudsman. Their website is www.financial-ombudsman,org.uk
Alex Watts : But you need to check the wording of the document and see what it does or does not say.
Alex Watts : But if there is no clause allowing them to void it because of this then they can not.
Alex Watts : Can I clarify anything for you about this today please?
Customer: No thank you I have already started the complaint procedure with the company and will follow your advice.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’. Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: At present I am still depressed with situation and cannot get enthused.however if your advice helps me get a solution ,I thank you in advance.
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