Will the insurance company pay for a vehicle that is stolen while the keys are in it or running with the keys in it?

Answer

I've heard of some carriers attempting to include language in their policies for this sort of thing, where coverage is excluded if the vehicle is left running and/or the keys are left in it. So far, I haven't seen such an exclusion stand up in court, but I could be wrong.

The idea behind this is that your insurance covers standard risks that we all face. One of those risks, of course, is having our cars stolen, which is covered under comprehensive coverage.

Now, if you leave your car running with the keys in it, and it's stolen, an insurance company might say you've increased the risk of the vehicle being stolen exponentially, and therefore the coverage wouldn't apply. They could also argue that you didn't mitigate your damages, or try to avoid a loss.

The problem, of course, is that you pay your carrier for a coverage, and denying that coverage is very, very difficult. Courts generally find in favor of the policyholder, not the insurance company. And, of course, your carrier may say you are partially liable for such a loss, but when you get right down to it, the person who's really liable is the actual car thief.

If you're facing a problem with your carrier regarding this, you might want to seriously consider approaching the division of insurance for your state, who would have any case law that applies. They can also "light a fire" with your carrier to handle the claim.

Answer

If there is a local ordinance against leaving an unattended car running, it would certainly reduce your chances of getting an insurance settlement.

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