You can leave keys in the car

The Financial Ombudsman Service (FOS) has published details of why it will back a policyholder against an insurer excluding claims for leaving keys in or near a car.

It judges whether or not the claimant was reckless by considering:

• where the car was at the time of the incident;
• whether the driver was in a position to deter the thief, or make the theft unlikely;
• whether the driver was recklessly disregarding the risk of theft or inadvertently causing such a risk;
• any mitigating factors that caused the driver to leave the car and keys;
• the manner in which the policy was sold; and
• whether the exclusion was properly drawn to the consumer’s attention.

The rulings given as examples show insurers cannot always refuse claims if the keys are left in the ignition and the engine is running if the driver is close by or has taken other security measures.