Expert: Doctor Settlement - 6/12/2006

Question
A coworker of mine stopped to get gas at a service station. When he started to pump gas he was informed by the attendent that he had to pre-pay. when he went inside to pay he noticed an individual getting into his car, he ran outside to confront the man who had already started the car, he thaen jumped onto the car and was immediately throw from the vehicle. He immediately called the police and filled out a police report. He was then informed by his insurance company that due to the fact that he left his keys in the vehicle his claim was being rejected. He had just bought the used car ($14,000)three days prior and even bought gap insurance. He is now paying on a car that he doesn't have.  What are his options now?

Answer

Hi Jim,

This is a new one for me inasmuch as the most excitement we get is just negligence or maybe a DUI or hit and run.  Your friend is lucky to be unhurt.

My sense of it is that leaving the keys in the car parked overnight outside is a lot different than leaving the keys while paying for gas.

Thus, I would dispute the decision two ways.  First, I would file a formal complaint IMMEDIATELY with your state insurance commissioner http://www.settlementcentral.com/links.php

Get witnesses from the gas station (sorry, they no longer can be called "service" stations can they?).  Do not wait on that.  Get it going ASAP.  My sense is that the decison will not stand inasmuch as it is normal practice of every person to leave keys in the car when gassing up.  And, there is no known risk of theft, as opposed to leaving keys in the car parked outside.  That is the argument he needs to present in his letter.

If that does not do the trick, the second avenue is to go to an attorney ASAP.  

Best Wishes,

Dr. Settlement, J.D.
www.SettlementCentral.Com