Astra 1.6 Design - Losing Ombudsman battle with Insurer - DavidNewson

Hello all - I am new to the site but I am looking for some help.

Me and my wife had our Astra stolen 18months ago. A very very long story short, the Insurance refused to pay us because there wasn’t enough theft damage. The steering column had minor damage, but not enough to suggest it was tampered with. No windows broke etc etc. The car was found a few miles away battered and was written off.

We made our claim, got the police involved. We have no no-claims to lose out on, we are fully comp. The police found finger prints and blood in the car that doesn’t belong to family, friends or me or my wife. But the insurance still didn’t pay out. We appealed to he Ombudsman and we found out today, 18 months later, that the diagnostics of the car show a 3rd key exists for the car (mine set and my wifes set was handed in to the police) the diagnostics also show one of our keys were the last to be used in the car and so on the basis of ‘probability’ the ombudsman is siding with the insurer.

I’m looking for some help. Can my 54plate Astra be stolen without a key? Could it be started and driven away without a key? I guess we are just unlucky that we got our car stolen by an expert and they then crashed the car, but we are so lost for what to do. We are going to take the matter to a small claims court, but we’re keen to avoid the cost of it. We took legal cover with the insurance, but it's with the same company as the car insurance (or the underwriters are the same) so they aren’t prepared to help us, so we’ll have to pay for it ourselves.

Any help will be very much appreciated.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - thunderbird

Yet another made up story.

People with too much time on their hands.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - DavidNewson

I wish it was a case of me making it up. But I'm not, I'm looking for help.

But thanks all the same...

Astra 1.6 Design - Losing Ombudsman battle with Insurer - tony g
Hi,I'm not sure why another member would suggest that this post shouldn't be taken at face value ,he doesn't give any reason why he thinks its false .

So it seems that the only way to resolve this problem is to take it to the SCC .the cost is between £200 and £300 ,so not that excessive .You would need to organise all the information you have into an easy to read file .The process is easy to follow and informal .

.The total risk to you is the fee you initially pay.Weve just won an SCC claim against a third party insurance company with just the threat of the SCC .

From a large companies perspective it's easier and cheaper to pay the claim ,rather than have an in house solicitor spend a day in court .Sadly though they usually pay just before the court case is due .

It seems the best way forward for you .

Regards

Tony g
Astra 1.6 Design - Losing Ombudsman battle with Insurer - thunderbird
Hi,I'm not sure why another member would suggest that this post shouldn't be taken at face value ,he doesn't give any reason why he thinks its false .

20 years ago approx there was an urban myth circulating in the motoring press (no interweb then) that insurance companies were employing "experts" to read ignition keys, apparantly they could tell how many miles a car had done from the wear. It went on for weeks and eventually fizzled out. This is just an updated version with ECU's and gizmos, just ignore it.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - dacouch

I had a client with a high end Audi that was "stolen" without the key and turned up in a river, the insurers did not believe it and sent a specialist interviewer, which resulted in them believing it even less.

They then checked the car's computer to find which key was used to start it, which told them it was the customers normal key that was used.

Fortunately he was with a very good insurer as he was a friend of a friend, they asked me to give him one last chance to tell them the truth. It turned out he had been out with his mistress who was entertaining him while he drove. He lost control and drove into a river, they both did a runner. Finding a car in the river with no occupants the police went straight around his house and broke in looking for the registered keeper. He panicked as he was worried about what his partner would do so lied.

The Insurer were then happy and paid the claim under the accidental damage part of his policy. Most companies would not have paid due to his original fibs.

So then 5 odd years ago, it was possible to find which key had last started a top of the range Audi

Astra 1.6 Design - Losing Ombudsman battle with Insurer - DavidNewson

Tony - thank you for your help,. I appreciate that very much.

The 'specialist' company used to assess the vehicle and the onboard diagnostics which showed my key was the last to be used in the car was a company called Ambersett Consultancy, who appear very reputable. Its a shame because I'd love to be a car theft and by default an expert to demonstrate why it may be possible to steal a car without a key, but sadly I am not.

I am so unsure how to argue against an expert who insists one of the two keys me and my wife surrendered to them was the last key to be used in the vehicle. Assessing this from a natural perspective, the statement "the last key to be used in the car was one owned by Mr & Mrs" makes my story sound very UNbelievable.

Would the forum suggest "arguing" the findings from the onboard diagnostics? Does anyone know if the diagnostics show a date or time stamp? Because I parked my vehicle at 1:00am and my neighbour was arriving home at the same time and saw me go into the house. So it would be interested to know if it does.

The ombudsman is giving their decision to the insurer because of the "balance of probability" and its so unfair, because not being a car theft expert, I dont have anything to arm myself with to fight their expert opinion.

The only thing I have found in my last few days of hurried googling is that its really easy to buy Key Cloning equipment.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - tony g
Hi David,
I think you misunderstand the process of the small claims court ,you don't need to be an expert ,you don't need to provide technical expertise .

All you have to do is present a written case in a simple and precise fashion to a judge ,include your information about blood in the car etc .

The judge will make a decision based on his opinion ,nothing more .

I would predict that the insurance company will make you an offer just after you threaten the SCC and before you get to court .For less than £200 it's the only way forward for you .

Regards

Tony g
Astra 1.6 Design - Losing Ombudsman battle with Insurer - focussed

Tony - thank you for your help,. I appreciate that very much.

The 'specialist' company used to assess the vehicle and the onboard diagnostics which showed my key was the last to be used in the car was a company called Ambersett Consultancy, who appear very reputable. Its a shame because I'd love to be a car theft and by default an expert to demonstrate why it may be possible to steal a car without a key, but sadly I am not.

I am so unsure how to argue against an expert who insists one of the two keys me and my wife surrendered to them was the last key to be used in the vehicle. Assessing this from a natural perspective, the statement "the last key to be used in the car was one owned by Mr & Mrs" makes my story sound very UNbelievable.

Would the forum suggest "arguing" the findings from the onboard diagnostics? Does anyone know if the diagnostics show a date or time stamp? Because I parked my vehicle at 1:00am and my neighbour was arriving home at the same time and saw me go into the house. So it would be interested to know if it does.

The ombudsman is giving their decision to the insurer because of the "balance of probability" and its so unfair, because not being a car theft expert, I dont have anything to arm myself with to fight their expert opinion.

The only thing I have found in my last few days of hurried googling is that its really easy to buy Key Cloning equipment.

First of all, I sympathise completely with the OP and his position.

I have come across one or two "consultancys" in my time and have come to the conclusion that one-man-band "consultants" who specialise in coming up with the answer that the company or organisation is paying for and wants to hear to save them lots of money are sometimes not quite what may be described as objective in their investigations.

In this case of whose key was the last one in the lock-and no way could a cloned key be involved etc etc I would like to see the result of an investigative journalist type of set-up where a car is "nicked" by a journalist using a cloned key and then compare the result of the "consultants" investigations with what actually happened.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - Avant

Welcome to the forum, David. Insurance companies are particulrly difficult about theft claims (probably because of too many false claims being made) and I'm sorry that when you come here asking for advice you are accused of making it up.

My first Octavia was stolen (you wouldn't think a thief would steal a Skoda, but the police said they'd targeted it because it was a vRS). It was outside our house and they broke in and took my wife's handbag with her set of keys. Aviva more or less accused me of fraud, but were eventually persuaded to accept the police's view that the claim was genuine. The police then found the car 100 miles away in Birmingham. I'm now insured with Skoda Insurance.

Keep fighting them, David: Tony's advice as ever is good.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - John Boy

Welcome to the forum, David. Insurance companies are particulrly difficult about theft claims (probably because of too many false claims being made) and I'm sorry that when you come here asking for advice you are accused of making it up.


He hasn't come back and said so in so many words, but I think Thunderbird was accusing the insurer, rather than David, of making things up.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - tony g
(Yet another made up story.

People with too much time on their hands.)

Sorry Jb you're wrong thunderbird was clearly having a go at the original poster.
Astra 1.6 Design - Losing Ombudsman battle with Insurer - John Boy
(Yet another made up story. People with too much time on their hands.) Sorry Jb you're wrong thunderbird was clearly having a go at the original poster.

I've read the topic again a couple of times, Tony, and I'm now inclined to agree. The clincher is that Thunderbird has remained quiet.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - thunderbird
(Yet another made up story. People with too much time on their hands.) Sorry Jb you're wrong thunderbird was clearly having a go at the original poster.

I've read the topic again a couple of times, Tony, and I'm now inclined to agree. The clincher is that Thunderbird has remained quiet.

Tony is totally correct, the I said the OP has made it all up.

Look at one simple fact, would it really take the Ombudsman and Insurance Company 18 months to make a decision, I would have been complaining long before that.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - Avant

It's quite possible that it took 18 months.

Can we please confine our comments to discussing the matter raised by the OP, and preferably try to help him, as most of us are doing. He would have nothing to gain by making this up, unless he were trying to advertise something, which he isn't.

Astra 1.6 Design - Losing Ombudsman battle with Insurer - injection doc

I'm curious, the last key to be used was the owners !

Well which key did they use to interpogate the system ? The ECU cannot be interogated untill a key is inserted to power up the ECU's !

So did they use your keys that were handed to the police to fire up the car ?

On Vaux astra the key has a tiny transponder in it which is prone to falling out, usually on the floor of the car, if found any key cut correctly in theory could be inserted and the vehicle run.

who was the previous owner ? have you traced the scource of the third key ? did they live local and just use the car to get home ?

Edited by injection doc on 26/10/2012 at 10:03

Astra 1.6 Design - Losing Ombudsman battle with Insurer - DavidNewson

Hi again guys, thank you again for the feedback. In response to Thunderbird - thank you for your opinion. You are wrong, I am not making it up and I genuinely wish I was. For your information, the car was stolen in April 2011. The insurer failed to uphold our claim in April, we appealed for an Ombudsman decision, which sided with us - this was July. The insurer then rejected the decision, so it went for a full Ombusdman review and decision.

The final decision came last week and the ombudsman is upholding the insurers decision to not pay our claim on this fundamental basis that one of the keys me and my wife surrendered was the "last to be used". For this reason and no other. They are stating that the insurers decision to not uphold our claim is "not unreasonable" on this basis.

So, we now have to take the matter to court.

In response to Injection Doc - perhaps we can have discussion offline. I am genuine need of assistance here. I do not know what key the consultancy who were doing the diagnostics check used. Can I ask? Does the diagnostics time and date stamp? Last time ignition fired? Closed off? Etc?


We dont know who the previous owners were - perhaps we can secure that information from the DVLA. Why do you ask? Why is the 3rd key relevant if diagnostics show it was one of our keys to start the car last?

Does Key cloning equipment enable someone to "copy" in the true sense our key? If someone cloned our key (garage, previous owner, whatever) would it look like it was my key?


Sorry for all the questions. Thank you in advance for any ones help,

Astra 1.6 Design - Losing Ombudsman battle with Insurer - hookster66

how did the case go at court ? you will see from my own posts why i am asking...

Astra 1.6 Design - Losing Ombudsman battle with Insurer - hookster66

15 months in my case

Astra 1.6 Design - Losing Ombudsman battle with Insurer - oldroverboy.

Can my 54plate Astra be stolen without a key?

Did anyone spot this bit. How much is a 54 plate astra worth to be going through all this carp? On the balance of probability.............