Your car was stolen and the insurance company refuses to pay

Unfortunately, nowadays the probability of going out and not finding your vehicle in its usual place is quite high.

Car theft - algorithm of actions of the car owner

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

To say that the situation is unpleasant is to say nothing, but not everyone knows what to do in this situation. This is not surprising - after all, it’s not every day that a car is stolen, and not everyone’s.

In order to behave correctly in such a situation, and increase the chances of returning the vehicle, it is worth studying in detail how to behave if you are faced with theft.

What is car theft and what are its causes?

Conventionally, all thefts can be divided into four categories. After analyzing them, you will understand that not a single car owner is immune from the fact that the following crime will be committed against his car:

  • Hijacking to order. Expensive premium foreign cars are at risk here. It is worth noting that professionals deal with such thefts, and it is almost impossible to secure your car. Expensive alarm systems, guarded parking lots, etc. will not help. It is also practically impossible to get your car back, only if the car thieves accidentally make a serious miscalculation.
  • Theft for the purpose of disassembling for spare parts is already losing its popularity today, because... The market is already quite saturated with available components. However, hijackers who work specifically for this purpose still exist. Getting your car back after such a theft is also quite problematic.
  • Hijacking by "tourists" . If you encounter such thieves, it will not be easy to find your car, because they work with the goal of transporting the car to another region and sometimes even another country. It is not uncommon for such hijackers to work on order.
  • Theft for ransom. The most common crime today, used by criminals of all stripes. It is not uncommon for such thefts to involve not very experienced criminals who are simply unable to steal an expensive car, and therefore they are absolutely “not shy” about cheaper vehicles.

Punishment for car theft - Article 166 of the Criminal Code of the Russian Federation

Car theft is a crime, the punishment for which is prescribed in Article 166 of the Criminal Code of the Russian Federation. It says that a thief is a person who does not have the slightest right to use this vehicle. If family members (children, spouse) took your car without permission, then this is not a crime. So, how many years of imprisonment does Article 166 provide for car theft?

If the thief does not have a record of similar crimes before, then he will be put behind bars for a maximum of three years. If the theft was committed by several people, then they face a sentence of 3 to 7 years. The same applies to a criminal who steals a vehicle not for the first time. In cases where violence is used during the theft, or a threat to human life arises, the hijackers face a considerable sentence, which will be determined by the court - from six to twelve years of life behind bars.

First steps after car theft

Due to the fact that losing a car is quite a stressful situation, you should immediately understand how to behave. Every minute of delay in this case can be decisive, so there is no point in delaying decisive action.

Where to call and contact?

  • First of all, you should make sure whether the vehicle was actually stolen, because there are various situations, for example, the car was towed due to a parking violation or someone from your family used your vehicle without your knowledge.
  • Notify the police, where they will need to provide the approximate time of the theft. Here you can and even need to cheat a little and name a period of time of less than half an hour. This is due to the fact that if the car was stolen more than half an hour ago, the traffic police are unlikely to take emergency measures, because "late".
  • Often, a satellite tracking system is installed on corporate vehicles; if the vehicle belongs to this class, then if a loss is detected, this information should be immediately reported to the dispatcher.

Where and how to file a theft report?

You need to file a report about the crime you have committed at the nearest police station, and you should be extremely polite and correct, despite the stress, you should not behave aggressively with people in uniform.

When submitting your application you will be required to:

  • Clearly describe all the circumstances during which the vehicle was stolen. It is advisable to note such points as the location of the car at the time of the crime, the presence of video surveillance, possible witnesses, etc.
  • Provide the most complete information about the stolen car, especially focusing on appearance.

After the application is submitted, you should definitely take a coupon from the duty station, which will confirm your application to the authorities. It would also be a good idea to periodically call the department while searching for a car and find out how the investigation is progressing.

Is it possible to report theft if there are no documents for the car?

It is possible, but you will have to take into account some features of the procedure. So, for example, if the registration certificate and insurance policy that were in the cabin were lost, then you can write a statement based on the PTS data.

However, if for some reason the PTS was lost along with the car, then the police department will need to provide:

  • Vehicle owner's passport
  • Sales contract or other document on the basis of which the citizen became the owner of the vehicle
  • Second set of car keys

Using the information received, police officers will be able to establish the fact that the car belongs to the applicant and, based on this data, accept a report of theft.

Actions of investigative authorities

After receiving the application, the mechanism of investigative actions aimed at finding the vehicle should be launched.

Employees have a huge number of mechanisms for searching for cars, but it would not hurt to periodically remind the investigator about yourself through calls and visits.

The car owner can also assist the investigation in the following ways:

  • If you go around the car market, it is quite possible that a car with altered license plates is already on sale.
  • View advertisements for the sale of vehicles on the Internet and in newspapers.
  • Spread information about the stolen car on social networks.
  • Post around the city information about the missing car, preferably with photographs. Particular attention should be paid to the territory of garage cooperatives, where a “sump” may be located.

Is insurance against theft possible?

It is possible either by taking out a standard policy or by making a CASCO policy, but it is worth remembering that the insurance payment for a stolen car will, as a rule, be less than its value, and if the vehicle is returned, it will be necessary to make a choice between the car and the insurance payment .

What should a driver do if a car is stolen?

You will have to reproach yourself or blame the advisors who recommended the amazing alarm system later. When you discover that your property has been illegally expropriated, you must:

  • immediately call the easy number 02 (from a mobile phone - 002); in Moscow (CPEO REMOTE);
  • or St. Petersburg (CPEO REMOTE);
  • or the number of the local police station on duty and report the disappearance of the car;
      the oral statement will be recorded;
  • the submitted data is verified;
  • an investigative team will be sent to the site of the possible theft;
  • when carrying out investigative actions; the area of ​​the incident will be inspected;
  • Possible witnesses were interviewed;
  • the fact of falsification of theft was verified in order to avoid punishment for a previous accident;
  • Plan "Interception" is assigned. The initial 15 minutes are extremely important. The car may be very close;
  • in the context of this plan;
      the fact of theft is entered into the data set;
  • Road security cameras read license plates;
  • reported to traffic police posts;
  • other services with radios (fire departments, emergency services, emergency services);
  • special posts are posted;
  • check the address of the local police station and visit it for the purpose;
      filing a written complaint about a missing car; on a special form with the applicant’s address;
  • in the section on the fact of the incident it is necessary to go into detail; who owns the car;
  • according to what documents;
  • about non-involvement in transferring them to other persons;
  • about the lack of permission from the owner to use the car by other people and hand over the keys to it;
  • about ignorance of her current whereabouts;
  • Among the characteristics of the car, it is required to indicate;
      external, detailed description;
  • official, registration data;
  • model and characteristics of the anti-theft alarm system;
  • separate markings applied to the units by the owner himself;
  • approximate remaining fuel in the tank;
  • special features in the interior and trunk. List of personal belongings in the car;
  • hand over the registration certificate for the car and its keys;
      be sure to obtain a receipt for this from the confiscator;
  • receiving a special Certificate of Application;
  • both in Moscow and St. Petersburg, within 2 days, report the incident to your insurance company, including all copies available and received from the police.
  • After completing the entire procedure, the victim has 3 days to wait to receive the results. With a possible extension up to 10 days. At the end of the ten-day period and there are no results, the theft will be reclassified as theft. The results of the investigation will be sent to the owner of the car by mail.

    Now begins the difficult process of waiting for results. According to statistics, 1 stolen car out of 100 is found.

    The actions of the victim, from this moment, are extremely intense. Because there is a lot to be done and very quickly:

    • inspect nearby yards and parking lots where a stolen car may be parked. Friends and acquaintances. Undoubtedly, they will provide effective assistance;
    • through the traffic police, inquire about various transport incidents. Maybe teenagers are the cause of all the trouble.
    • inspect all impound lots and dismantling sites;
    • advertise in local newspapers and radio;
    • reject any requests from investigators to cancel the application and begin a secret search. This is a reason to contact the internal security service of the Ministry of Internal Affairs.

    Close and regular contacts with the investigator will allow the victim to be aware of events. When transferring your case to other departments, you will be able to avoid losing sight of the case.

    What to do when asked for ransom?

    As practice shows, in most cases of theft today, criminals contact the owner of the vehicle and offer to buy back their car.

    The amount is usually said to be around 20% of the market value. To be honest, the best solution would be to agree to the criminals’ conditions, but at the same time try to reduce the price as much as possible.

    How to negotiate with attackers?

    Remember, in this case, the thieves are not interested in your car, they are only interested in money.

    Therefore, the car owner has two options:

    • Arrange a meeting and involve the police, in which case there is a chance to get a car for free. However, the actions of the police will not always be beneficial. In addition, there is a possibility that the hijackers have their own people in the relevant authorities and simply will not make contact.
    • Negotiate the price and meeting yourself and hand over the ransom to the criminals. At the same time, you cannot go to a meeting alone; you must take a trusted person with you. This method is more risky, and you will also need to explain to the police how the car was returned.

    Request for ransom

    The principle of action, if a car is stolen and a ransom is asked, the injured party remains the same: you need to call the police and report what happened. The application must describe the situation in detail in chronological order. It is also important to indicate at what time and from what number the attackers called you and demanded money in exchange for the return of the vehicle. In the application, you need to create a request to initiate criminal proceedings against the perpetrators, and after that, develop a plan to apprehend the criminals during the meeting during the transfer of the ransom. The remaining actions must be taken by law enforcement officials, who will inform you about the action plan to catch the hijackers . If investigators are inactive and do not carry out operational investigative actions, the injured party has the right to appeal to the court or the prosecutor's office.

    What to do if your car is stolen before your eyes?

    Situations like this are rare, and if you witness someone breaking into your vehicle or being inside, do the following:

    • Call the police immediately.
    • Attract the attention of passersby who can act as witnesses.
    • If there is no one around, then approaching and intervening will be risky, because... health and life are much more valuable.
    • Observe what is happening, if possible filming everything on camera, in order to subsequently prove the guilt of the criminal.

    Theft of a new car without license plates

    Such vehicles are in a special risk zone, this is due to the fact that it will be extremely convenient for criminals to sell them. For the car owner, returning such a car will be an extremely unpleasant procedure, because the car has not yet been registered and is simply not in the traffic police database.

    Therefore, if for some reason you were unable to immediately register the car, increased attention to the vehicle is required, because in fact at this time the car thieves simply have a “green corridor”.

    In this case, you will have to write an application using your passport and purchase and sale agreement, because there are simply no other documents.

    If a son stole a car from his father

    Often sons steal cars from their fathers not for the purpose of stealing, but in order to ride and return them to their place. The algorithm of actions in this case depends on several factors: the level of your trust in your son, the degree of responsibility of the child. Theoretically, the father has the right to report the theft to the police.

    If theft is proven, there is a possibility of criminal proceedings being initiated. If the son decides to go for a ride and return the car to its place, he will not be subject to criminal liability. Leading lawyers recommend in this matter to settle the relationship with your son, call him on the phone and find out the situation in person, without involving law enforcement agencies.

    What to do if you purchased a stolen car?

    Situations are different, and it is quite possible to assume that the vehicle you purchased was stolen. What to do in this case?

    First of all, it is worth remembering that it is necessary to draw up a purchase and sale agreement when making a transaction; it would be ideal if it is notarized.

    It is this document that can later become confirmation that the car was purchased from a third party, and you had nothing to do with the theft, but simply became a victim of circumstances.

    If your stolen vehicle is seized, you must write a statement to the seller; there is simply no other way to get your money back.

    What to do if it's stolen

    Two days after the insured vehicle was stolen, the owner needs to go to the insurance office.

    You must have with you:
    • keys to the insured vehicle;
    • car registration document;
    • a document confirming the initiation of a criminal case;
    • a statement describing the situation that happened.

    If insurers do not run away from responsibility, but are willing to pay, the owner must remember that he will receive his funds only after two months. After a criminal case was initiated. Time must pass, which is used to search for the hijacker. After this period, the case is suspended, and the insurance company understands that the car most likely will not be found.

    During the meeting with the insurer, you must remain calm and answer questions. Some of them may seem strange, but you must answer them. Thus, the company refutes the version of the owner stealing the car on his own to make a profit.

    Tips to avoid car theft

    • You should not save on alarm systems; in cases where the budget is limited, it is more advisable to opt for safer models, neglecting elements of comfort.
    • Do not leave your keys unattended; if you have to use the services of a service station, it is highly not recommended to leave the alarm key fob to the technicians.
    • It wouldn’t hurt to make your car “individual.” By adding remarkable features to the design. Flashy cars are much less likely to be stolen.
    • Do not leave the car unlocked even for a few minutes; closing the lock is much easier than searching for the car later with the involvement of the police.
    • Do not leave any things in the car that could attract the attention of intruders; it is recommended to even remove the radio panel at night.
    • Before buying a car, study the most stolen models and brands of cars, this way you will protect yourself even at the stage of purchasing a vehicle.

    Nobody wants to face such a crime as car theft, but as practice shows, unfortunately, this happens quite often.

    In order to get out of this situation as quickly as possible and with less damage, you should carefully monitor the documents, it is not advisable to leave them in the car, and you also need to issue an insurance policy in a timely manner.

    If your vehicle has been stolen, you should not panic; you need to begin to act decisively, based on the information contained in this article.

    Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

    Free online consultation with a car lawyer

    Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!

    Procedure if the car is stolen

    If the car was nevertheless stolen, it is necessary to strictly follow the algorithm of actions that will help turn the situation in favor of the victim.

    1. Don’t panic: you need to carefully examine the scene of the incident and contact law enforcement agencies (if you find “clues” or important details). If you understand that the arrival of the police at the scene of the incident will not solve anything, you should report the situation to the duty officer of the Internal Affairs Directorate or the traffic police. These authorities may also tell you that the car was not stolen, but that it was taken by a tow truck.
    2. After verifying the theft, you need to call the insurer, indicating your full name, policy number and explaining the circumstances. If your car has a satellite alarm, report the incident to the dispatcher.
    3. Check keys and documents. Their absence on site will complicate the procedure of proving the fact of theft.
    4. Next, you need to contact the police department with a statement. When drawing up a paper, it is necessary to provide the maximum amount of material for the trial. Information about the date and place of purchase of the car, registration may help you; information about the anti-theft systems installed in the car will also be useful.
    5. Visit the insurance company's office: the sooner this action is done, the better. No more than two days should pass from the moment of theft. To obtain insurance, you will have to fill out an application, as well as provide sets of keys, alarm key fobs, documentation and a policy.
    6. Wait for the theft ruling. This paper is needed so that you can provide it to the insurer.

    After completing these steps, all that remains is to receive the insurance amount (this period ranges from several weeks to several months and depends on the result of the investigation). It will be a value that takes into account depreciation wear for each month of operation. On average, the cost decreases by 12-15% per year.

    Rating
    ( 2 ratings, average 5 out of 5 )
    Did you like the article? Share with friends: