Accident while car was stolen from mechanic

[diviti]

Hi,

My car was stolen whilst it was at the servicing station. I got a replacement that was covered by Arnold Clark's insurance (my servicing station).

A couple of months later I received a letter that my old car was involved in the accident and that I need to provide my insurere details. At the time I told them that it was stolen and it should be covered by Arnold Clark's insurance. Heard nothign for 2-3 months, now they are back and saying that since the Car was not at Arnold Clark's showroom, it is not covered by their insurers. They are also trying to convince me that it will not affect my claims as it is not my fault.

I still can not see why my insureres should be forking their money out rather than Arnold Clar's insurers.

Since last year, I have changed company and insurers, so do not have the details handy for who my insurer was at the time.

Can anybody throw some light on this??


Regards,
Divya

[123everton]

Tell them to go swivel, it's got nothing to do with you, Arnold Clark will have reinbursed you for your losses, if the car was a total loss they'd have paid you out, they lost it their responsibilty.
Pass the letter to them and bid them good day.

[woozer]

If a car is stolen and becomes involved in an accident then it is being driven by the thief without insurance. WHen someone is in an accident where the car that hits them is uninsured they look to the MIB to provide them with cover - the industry agreement is that the insurance company that was covering the car for its legitimate owner will cover the claim - but it will not affect your bonus - it really isnt anything to do with you but the law requires insurers to meet Third Party losses so this is the way the industry has decided to share out the costs.

[123everton]

But Arnold Clark had lawful possession and control of the vehicle when it was lost, their own insurance has already accepted liability for the loss, it's their problem I say.
Even if you don't know who you were insured with at the time, they will, I agree that it will not affect your no claims regardless of the outcome.

[diviti]

Thanks a lot for all the answers. That is comforting. I have called up my insurers and explained them the situation, now it is up to them to fight it out.

[woozer]

I am not convinced that you are right 123Everton (my team by the way I was born near Goodison ) - the garage may have paid out for the vehicle using the "custody and control" element of their commercial policy; or they may have been negligent e.g. left the keys in; in which case they would have cover under their Liability cover - but I think the road risk element of cover remains with the owner of the car. But I will watch this thread please let me know if I am wrong - always happy to learn.

[wilkesneil]

arnold clark will have public liabilty insurance.
this should cover your car as it was in their hands at the time it was stole.
take the letter to them and tll them if they have not sorted it in 14 days you'll be going to the newspapers and watchdog as they are a big company with a big reputaion to lose...

[flip_flop]

A Public Liability policy will exclude Road Traffic Act Liabilities.

The motor insurance that was in force at the time of the accident was yours and therefore your insurance company will be the one to pay out. It matters not a jot that your car was stolen from a garage.

As there was an insurance policy in force at the time of the accident, the rules are that the MIB will direct that insurer to deal with the third party claim.

[woozer]

Spot on flip flop