Car lost, insurance VOID!!

  • Click here to become an Official Member of BMW Club Malaysia Download Form

astroboy

Well-Known Member
Joined
Dec 15, 2006
Messages
8,734
Points
63
This is new to me, just saw it on the internet, pretty scary, just to share with all as I think everyone should know!CAR INSURANCE CLAIM VOID... PLEASE READ STORY. BEWARE!!!This is a real story, my nephew told me, & I would like to share with allof you. Be careful, if u hv the habit of sending yr car for car wash orsimilar matter (car jockey etc) while in shopping complex...Two weeks ago my nephew sent his Toyota Harrier for car wash in the carpark of Bangsar Shopping Complex while he had an appointment there. Hehanded the car keys to the car wash people n left the car park for hisappointment.After the appointment he went to collect his car, & the car wash peopletold him that his car had been collected. How CAN??? After a prolongedargument without any results, he had no choice, but to make a policereport... n follow up by insurance claim...Insurance company rejected his claim 'cos the reason is the car was notstolen, the point of contention was why did he hand over the car keys tosomeone unknown, n why did he not wait there till the car washing wasfinished...? ??So, be careful next time. If u really need to send yr car for car wash,better stay there and wait for yr car, if not, this may happen to you...ALWAYS GET AN OFFICIAL RECIEPT LIKE YOU DO WHEN YOU SENT YOUR CAR FORSERVICING AT HONDA, PROTON, TOYOTA... DON'T PLAY THE FOOL.Pls forward this msg to your all your friends to warn all of them...Thank you for the Information.I am a Senior Manager with MCIS ZURICH and confirm that if you handover the keys of your car for someone to take care example :- CarWash, Car Park and on your return if the Car is 'taken' away,Insurer will not pay for the 'Loss'.Regards,K.ArumugamRegional ManagerGBD Region 2MCIS ZURICH INSURANCE BHDWisma MCIS ZURICHJalan Barat, 46200 Petaling Jaya
 
if this that not accept , how come they dint charge lower abit ..
 
Hmmm,

let us examine the standard private motor car policy. Downloadable from the Big motor insurers website.

The operative clause says that the Insurer will cover the Insure for any damage or loss cause by burglary, housebreaking or theft.

the above scenario i.e Harrier at BSC should fall within the ordinary meaning of theft - misappropriating property belonging to another without valid consent.

now let us look at the policy exclusions and see if any apply. The closest i presume would be 4(e) loss caused by cheating or CBT as defined by the Penal Code(If i recall correctly s405-409 and S419-XXX)

IF the Insurer wants to rely on a policy exclusion to deny liability under the policy, the onus is on them to establish that the loss was caused by cheating/CBT.

The only other catch I presume would be the policy condition7(c) that requires the car owner to take all reasonable steps to safeguard the vehicle from loss or damage. But this is subjective.

In the above scenario, all the person did was hand over the key to the car wash person. nothing unusual. when he returns he finds the car missing and the car wash fella tells him - mike - someone collected the car earlier-lah.

I am presuming when the person left the car - he did collect some form of receipt which should be returned to the car wash guy so that the car wash guy can identify the owner. IF the above not carried out - argumentatively - policy condition 7 (c) can be argued.

Henceforth the motor car Insurer if repudiating a claim should state the grounds for so. there is no clear cut answer or blanket rule. further analysis of the situation must be made.

A blanket statement 'Insurer will not pay the loss' is not absolutely correct.

cheers
 
devilsadvocate;321714 said:
Hmmm,

let us examine the standard private motor car policy. Downloadable from the Big motor insurers website.

The operative clause says that the Insurer will cover the Insure for any damage or loss cause by burglary, housebreaking or theft.

the above scenario i.e Harrier at BSC should fall within the ordinary meaning of theft - misappropriating property belonging to another without valid consent.

now let us look at the policy exclusions and see if any apply. The closest i presume would be 4(e) loss caused by cheating or CBT as defined by the Penal Code(If i recall correctly s405-409 and S419-XXX)

IF the Insurer wants to rely on a policy exclusion to deny liability under the policy, the onus is on them to establish that the loss was caused by cheating/CBT.

The only other catch I presume would be the policy condition7(c) that requires the car owner to take all reasonable steps to safeguard the vehicle from loss or damage. But this is subjective.

In the above scenario, all the person did was hand over the key to the car wash person. nothing unusual. when he returns he finds the car missing and the car wash fella tells him - mike - someone collected the car earlier-lah.

I am presuming when the person left the car - he did collect some form of receipt which should be returned to the car wash guy so that the car wash guy can identify the owner. IF the above not carried out - argumentatively - policy condition 7 (c) can be argued.

Henceforth the motor car Insurer if repudiating a claim should state the grounds for so. there is no clear cut answer or blanket rule. further analysis of the situation must be made.

A blanket statement 'Insurer will not pay the loss' is not absolutely correct.

cheers

Looking at this...if insurace does not pay....can sue the car wash operators???

cheers:D
 
My architect had a similar case.

He sent his X5 to a reputable workshop nearby Section 16 area in PJ. This workshop has plenty of high profile clients and mainly deals with German Marques.

What happened was 2 chaps came to the workshop around lunch time (event caught on CCTV) and demanded key to the X5 claiming to collect the car on behalf of their boss and the person at the counter meekly gave the key to them, and off they went.

He managed to claim 100% from his insurance company without much hassle even though it is pretty clear, there is some serious negligence on the workshop.

Cheers.
 
Meaning we don't have to worry? or its just an isolated case where majority would deny claim? Any friend from the industry can verify this?

Thank you in advance. Its not so much of my concern because I never send my car to car wash and I don't use valet service.. unless its free.. :p (that's why the risk are.. :p)
 
Top Bottom