[aniyo]

On a case that can happen to anyone of us, a person handed over the keys to Valet and that valet turned out to be a thief who escaped with the car. HDFX ERGO denied the claim stating that the customer was at fault for making it easy for the thief to steal. Interesting fact is the consumer Court also sided with HDFC ERGO on this matter. Below is the link to the article.

https://timesofindia.indiatimes.com/...w/70929240.cms

[Sebring]

Till date I have not handed over my keys to anyone. You might have observed these guys squeeze into the tiniest spaces, drive in one-way streets, abuse your car (in & out) etc. My friends have lost personal belongings like pen drives. This is the primary reason why my car looks like its fresh from the showroom. Parking is a minor inconvenience, but we have to take that trouble. My opinion, strictly!

[bigron]

If he did not take any receipt from the person taking the keys for parking his car, he normally will have no claim, as theft happened due to his negligence. What is important is, the policy of the insurance company on what constitutes negligence.

Having said that , he must challenge the order of the consumer forum. He has a fighting chance of getting relief from the appellant authority given the facts of the case.

[dhanushs]

This sounds like the plot for a recent Netflix movie, Chopsticks.

That said, while people do need to be careful about their property, this mistake can happen. The movie portrays one where things like this would happen. A new to Bombay, fresher at job girl trusts a valet in a rush situation.

[SmartCat]

In consumer cases like this, can the complainant make an appeal to the High Court? Or perhaps approach IRDA's ombudsman? Not sure why HDFC Ergo is being so hard-nosed here:

- Negative publicity will definitely cost the company a lot more than Rs. 6 Lakhs.
- It is clearly not a case of fraud since the claim is being made in the 10th month.

[V.Narayan]

Originally Posted by aniyo

On a case that can happen to anyone of us, a person handed over the keys to Valet and that valet turned out to be a thief who escaped with the car. HDFX ERGO denied the claim stating that the customer was at fault for making it easy for the thief to steal. Interesting fact is the consumer Court also sided with HDFC ERGO on this matter. Below is the link to the article.

You are expected to exercise all reasonable precaution that a reasonable person would to protect your property. This person did not exercise that reasonable precaution that a reasonable person would do and by law and practise is not owed any compensation from the insurer. I seriously doubt an appeal against the consumer court judgement will result in anything different. We don't even know if the alleged thief was his own accomplice. People go to great lengths to get insurance claims out.

[Sutripta]

Breach of (implied) contract?
Hiring cars abroad - one thing was drummed into my head - if the key is not in your possession then say goodbye to all claims of theft etc. (On the other hand, if the key is on your possession, you are responsible for all that happens).

Regards
Sutripta

[libranof1987]

Feel terrible for the owner; although, the insurer isn't exactly to blame. Especially when such thefts can be "staged". While we may all agree that the owner should have known better, it is common to be asked for the key to the car. Be it, for the valet to park the car and keep the key, or in unorganized parking lots where the attendant keeps all the keys. Think Connaught Place for example.

Hope the owner can prove his case and get the claim approved.

[bigron]

Originally Posted by SmartCat

In consumer cases like this, can the complainant make an appeal to the High Court? .

No appeal lies to the High Court. He will move to the state consumer commission challenging the order of the district forum.

If no relief by state then he will move to the National commission.

Finally to Supreme Court where a SLP ( Special leave petition ) is maintainable if the order of the National Commission is also adverse.

[Samurai]

Originally Posted by dhanushs

This sounds like the plot for a recent Netflix movie, Chopsticks.

It says so in the opening line of the news item.

The victim here was very careless and acted plain dumb. He just handed over the key to thief without checking with the hotel. Before reading the article, I thought he handed over to the valet at the entrance and took an acknowledgement receipt. Nothing of that sort happened. Someone approached him at the table claiming to be valet, and he handed over the keys.

He will have no hope of getting relief at court. No point in appealing.

[AMG Power]

Originally Posted by SmartCat

- It is clearly not a case of fraud since the claim is being made in the 10th month.

It could also be argued the other way. A genuine owner would rush to file a insurance claim as he has lost his car and would want his money back at the earliest. Maybe his guilty conscience held him back until someone egged him onto try a double dip.

[motorworks]

Originally Posted by Sebring

Till date I have not handed over my keys to anyone. You might have observed these guys squeeze into the tiniest spaces, drive in one-way streets, abuse your car (in & out) etc. My friends have lost personal belongings like pen drives. This is the primary reason why my car looks like its fresh from the showroom. Parking is a minor inconvenience, but we have to take that trouble. My opinion, strictly!

Same here! Have never given my car to a valet ever! Whether its restaurants or 5 star properties, I have always parked myself. May be a slight inconvenience, but well worth it. Of course, not due to fear of theft, purely from ensuring that the car is handled well. At times I have to park 2 blocks away or things like that,but I dont bother. My wife and kid have understood me by now, so thats a big relief!

[nishp]

I feel sorry for the owner. I think this decision can be challeged. There is no right or wrong here but no harm in trying in upper courts.

My friend's two wheeler was stolen from road and the insurance company demanded both the keys to proceed on the case. Problem was that he already lost one key long back. The advisor suggested him to make a duplicate key and submit. So I guess these companies do take theft cases seriously.

[vigsom]

Originally Posted by SmartCat

Not sure why HDFC Ergo is being so hard-nosed here

A theft is a theft;

Case1 - what would have happened if the car had been stolen from a hotel parking lot with the same key that was handed over to the official valet? The hotel wouldn't have entertained a claim but the insurance company would have allowed the claim.

Case2 - one hands over the car to a mechanic who comes for pick up/drop and he decamps with the car - aren't such claims allowed?

In this case, the company should have honoured the claim.

[bigron]

@ vigsom - Law does not work like that. One of the ingredients of theft is Taking the Property out of Possession without Consent

Here consent was given. There was negligence involved. His case can be argued because there are other elements involved.

Anyhow, we can discuss this in detail via pm if IPC interests you.