theft vs fraud

[sixto]

A friend of friend gave up a leased car to an on-line lease trading service. Turns out it was a scam -- they took the car and disappeared. The paper trail leads nowhere, police can't be of further help unless the car is recovered.

Insurance won't cover it as a theft because the car was surrendered voluntarily... however different that is from voluntarily ceding your car to a carjacker.

There might be details in the policy but what do folks think of this situation? Is it worth suing the insurance company? Are leased cars covered for the value of the car or the remainder of lease payments?

Sixto
87 300D

[John Doe]

Originally Posted by sixto

A friend of friend gave up a leased car to an on-line lease trading service. Turns out it was a scam -- they took the car and disappeared. The paper trail leads nowhere, police can't be of further help unless the car is recovered.

Insurance won't cover it as a theft because the car was surrendered voluntarily... however different that is from voluntarily ceding your car to a carjacker.

There might be details in the policy but what do folks think of this situation? Is it worth suing the insurance company? Are leased cars covered for the value of the car or the remainder of lease payments?

Sixto
87 300D

I would certainly have to see the policy, but at first blush, that sounds like bad faith if he didn't receive any remuneration at all from the cons. The policy language is probably referenced in the claim denial letter. Can you post it?

[AdvisorGuy]

GAP insurance covers the balance of lease payments should the car be totaled or stolen. Liability/collision coverage covers the loss of the vehicle itself. As for suing the insurance company, good luck with that. You generally would not "voluntarily" hand a car jacker your keys. They usually will "coerce" you with a weapon or threat of a weapon. Insurance companies will get out of paying a claim any way, any how....

[t walgamuth]

Don't cave in without consulting a lawyer. I imagine the laws may vary from state to state and of course it will matter what the contract says.

Tom W

[chilcutt]

There is no truth in sentencing. A kid from the inner-city sticks up a gas station netting him $45.00, and receives 10 yr in the worst state ran hell hole you can imagine ,and the more sophisticated criminal ,who bilkes people out of their life savings receives 6mo in a plush federal institution so "they" can figure out how he pulled off his crime. I say the courts begin to slam these degenerates and perhaps John q. Citizen will have a fair chance.

[sixto]

Originally Posted by John Doe

The policy language is probably referenced in the claim denial letter. Can you post it?

I don't have a copy of it. I'm not that close to friend and I don't know the next friend at all.

Sixto
87 300D