Expert: Claims Guy - 9/7/2009

Question
HI and thanks for taking the time to answer my question.  I am somewhat worried that I may not be covered after googling what happens if your car is stolen but you left the keys in the car?  Briefly, I went to a local gas station and parked my car by the pump, turned off the ignititon and lights, but left the keys in it.  I went around to the pump in question, and realized I wanted to pay cash, so I walked to the cashier inside the store, (About 15 to 20 feet away) to pay for the gas I wanted.

I looked over my shoulder once in the store as I was in line, and I realized my keys were left in the car.  At that time I could not see my car at the pump I had left it at?  I ran outside, and my car was gone.  Immediately called 911 and filled out the police report and had the police looking for it.  Two days later and they have not yet found it, nor do I suspect they ever will.

I have read that insurance will not cover you if you leave the keys in your car?  I am from NY State, and I have read my contract with the insurance company, and I see no clause, or mention of limits or anything regarding comprehensive coverage.  I pay for it, always have just in case, right?  I've been driving for almost 25 years, in all that time I have NEVER not even once made a claim to any insurance company for anything.  My driving record is completely clean for claims, although I do have 3 speeding tickets from that entire span.

My point is, doesn't the insurance company generally insure stupidity, or lapses?  It was a lapse, not an intentional act of wanton negligence.  Furthermore, I have money, pay my bills, no criminal record, 4 children, a house, and an excellent credit rating.  In other words, I have no motive to hope my car gets stolen?  So using this as a basis to deny doesn't hold water either.  The truth is that I lapsed and got burned.

What can I expect from the insurance clais adjusted?

Thanks,  

Answer
This will be covered.  The basis for denial would be if they could prove fraud, and there is no indication of that that I can see.  

In some states, you can be held liable for the damages caused by the thief because you were negligent in leaving the keys in the car.  For example, if the thief hits someone with the car, you might be liable for damages to the car he hit.  Bt your insurance would defend you under liability coverage for this.  in most states, this would not even apply.

Also, in some states the police will ticket you for leaving your keys in the car if it is stolen.

Your rates might go up because you were negligent leaving the keys in the car.

Make sure you reprot the theft to your insurer asap.  Any delay could be seen as suspicious.