Keyless-Go: Why the insurance does not have to pay after theft

— 28.10.2020

Car break-in via keyless go: why insurance does not have to pay

In the event of theft from a car, does the insurance company use the keyless go system to “break in”? There has now been a surprising verdict on this question.

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KTurning the key, not even pressing a button, the driver just needs to have the key with him. Keyless-Go-Systeme to open your own vehicle extremely comfortable. But also dangerous, as AUTO BILD has shown several times! That got one too Pilot to feel from the Freiburg area, when he drove his Audi RS 3 At the end of 2018 for five minutes parked in the station district of Frankfurt am Main. A thief broke into the sporty compact car and stole a suitcase and a pilot’s case. Signs of departure: none. The perpetrator probably had a so-called relay attack overcome the keyless go mechanism via radio signal.

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Although parts of the stolen property were found near the crime scene, the robber wanted from his Munich home insurance 3314,72 Euro Get compensation. But she resisted there was a lawsuit. And to one now final judgment of the Munich District Court. This decided: The insurance does not have to pay (Az: 274 C 7752/19). Because: The vehicle is not “breaking open”. However, according to the contractual clause (“Insured items that (…) are stolen by breaking open a locked motor vehicle”) are also necessary for the obligation to pay. The pilot as the plaintiff had argued that he had safely locked the car.-

Judge: Departure only with the use of force

The competent judge further stated in his judgment: the wording of the term “break open” is clear: “According to the general usage (and also the definition of the Duden), a corresponding procedure includes the Use of force. Even if, in the opinion of the court, damage to the thing is not necessarily necessary, “breaking open”, as is commonly used, is safe not every unauthorized opening by means of amplification of a radio signal or use of a ‘wrong’ radio signal. “

Keyless-Go: The signal must have arrived

Motor vehicle insurance, on the other hand, generally reimburses the damage incurred with partial and fully comprehensive insurance. No distinction is made between whether the thief gained access to the car by manipulating the radio signal or with a crowbar. However, there is a small but fine exception: so-called jamming. The burglars intercept the radio signal before they reach the car, the doors remain open. It is therefore important to make sure when parking that the car confirms locking by flashing or a tone. This is what the district court now aimed at with its judgment. Without traces of burglary, it is more difficult to prove that the lock was not simply forgotten. Therefore there is “a not inconsiderable risk of abuse”.

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