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VIC Will Insurance Company Pursue Burglars for Theft and Excess?

Discussion in 'Insurance Law Forum' started by Craig tooze, 12 November 2016.

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  1. Craig tooze

    Craig tooze Member

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    Hi all,

    Quick question: My home was burgled last week and the police have done a great job in catching the theft.

    My question is will my insurance company pursue them to redeem my excess?
     
  2. Rod

    Rod Well-Known Member

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    I don't know insurance law.

    From a layperson's perspective you'd have to wonder why they would spend time and effort chasing money they already have in their pocket.

    It may fall to you to chase recovery, but then your attempts at recovery may cost more than the excess.
     
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  3. Complex16

    Complex16 Well-Known Member

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    Odds are the police will lodge an interest with the court as part of the charges laid against the burglar. No guarantee though that the thief has the funds and the saying you can't get blood out a stone exists for a reason. Perhaps if he sold your belongings before he was arrested he might have the money to cover your excess?
     
  4. Rod

    Rod Well-Known Member

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    What Act allows police to do this?
     
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  5. Complex16

    Complex16 Well-Known Member

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    If the police make a note that there are damages and their report is filed with the court as part of the charges laid, then the interest is noted. It's under the "it's just what happens" Act. Subsection 3.
     
  6. Rod

    Rod Well-Known Member

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    OK. From the way it was written I read it as though the police were making some kind of claim and I was concerned I missed something important while learning about criminal law. Phew. Feel sure there is still much to learn but this isn't one of them :)
     
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  7. Complex16

    Complex16 Well-Known Member

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