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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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My car was stolen last night. The vehicle was parked on my

Resolved Question:

My car was stolen last night. The vehicle was parked on my private driveway, about 4-5 feet from my front door, just in front of my garage. It was locked with alarm and immobilizer.
The thieves gained entry to my house and stole the keys. I was sleeping, my front door on this one occasion was unlocked.
Further, my fully comprehensive insurance refers to the use of a garage. I do use the garage regularly, but clearly not always. (car was once scratched driving into garage).

Question is whether I should expect my insurance company to cover the less in the case that the on-going police investigation does not recover the vehicle.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

What does your motor insurance policy say about keeping the keys secure?

And specifically what is the garage provision? Is it a condition of the policy that the vehicle has to be garaged when not in use?
Customer: replied 2 years ago.

The insurance policy says the car should not be left with keys in, on or in the immediate vicinity of the vehicle. I would say inside the house, and not in immediate view from outside, is not in immediate vicinity,


For the garage provision in the T&C's, it appears very strict although the question when closing the policy was more around "do you have a garage" rather than mandatory use. (none of my neighbours use theirs). Would need to look up details online again. Give me 5 minutes.

Expert:  JGM replied 2 years ago.
OK
Customer: replied 2 years ago.

Loss or damage caused by failure to protect the insured car, (see ‘Care of


the Car’ under the general conditions), or if it has been left unlocked and/


or with the keys, lock transmitter, entry card or other ignition control device


left in, on or in the immediate proximity of the vehicle.


 


For garage, policy says "overnight location" : Garage. Policy has general security provisions/advise around putting car in the garage overnight, but explicitly states that this does not form part of the policy.


Does this help?

Expert:  JGM replied 2 years ago.
The garage is not an issue unless there's a specific policy condition that you keep the car in the garage. That would be unusual for a normal car.

As far as the keys are concerned that applies to keys left inside the vehicle or on the tyre of the vehicle, for example. It should not affect the policy where the thieves got into your house and took them.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
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