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Insurance problems after stolen car

strontium90

Well-known member
I have a friend who is in a terrible position with her insurance and I need to advise her...She was in a local pub before Xmas (22nd Dec) and after she encountered some friends decided to have drink and abandoned her car outside the pub and got a taxi home...She had left her handbag behind and her two acquaintances discovered her car keys in the bag..They took the car but were involved in an accident and hit a tree..The car was a write-off..One of the theives (the passenger) broke his arm in the accident and the other one phoned him an ambulance so the police attended the scene...She was in a state of shock over the car but didn't want them to get into trouble so (stupidly) she didnt inform the police and reported the accident to her insurance that she was driving that night..

However she didnt take the offer of money for the car(luckily)as she didn't feel right about it..
A couple of weeks later she received a solicitors letter from one of the theives looking for a PI claim..

She went to a solicitor and he told her to report the accident to the police and make a statement to her insurance (she was fully comp with AXA)
The police investigated and accepted her statement arresting the 2 culprits...The driver has admitted his part and is being charged with taking and driving etc....The other (passenger) has been charged with the same offences but is disputing it...They are remanded on bail and have been in court twice although it keeps being adjourned and I expect it will be some time before convictions...
Her insurance informed her with a legal letter that they would accept indemnity depending on their convictions and pay her for her car when the matter was closed...They also told her that her insurance would be loaded and her premium would be £1685 pa (from £600)...They also said the passenger could get £1000's!!!...Her solicitor won't answer her phonecalls and I think this is because he knows one of the guys and has represented him a few times before..
She was looking for another car in the meantime but couldnt get insurance (except for AXA) with anyone she tried as there is a claim pending...
Surely this isn't fair as she has commited no crime and is paying for other peoples mistakes...Any advice would be greatly appreciated
 
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Your friend should discuss this further with her insurer and is advised to check the terms and conditions of her policy. She should also ask to speak to their legal department in relation to the claim that is being brought by the passenger of the vehicle.

Unfortunately, I am unable to provide any advice in relation to personal injury law as this is not the area in which I practice. I am a road traffic solicitor who defends motorists who are alleged to have committed offences.

Hope it gets sorted out for your friend soon.
 

strontium90

Well-known member
Thanx for your reply...I think the insurance is probably being over-cautious in light of all the "Crash for Cash" cases...However, her case is genuine and I feel AXA insurance are punishing her and trying to extract the money for her claim from her in advance
 
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