Trailer theft consists of stealing the contents of the vehicle with or without breakage and entry. If you are a victim, you must prove the presence of the stolen goods in the vehicle. A guide that is almost impossible to apply. explanations.
Comment on Resolution 2The tenth Civil Chamber of the Court of Cassation on 31.3.2222, noh 20-22298.
Mr. X attends a trade fair in Germany. Things were stolen in the trunk of his car parked in the parade park. Mr. X asks for his insurance to pay for these thefts, and sends him a list of items stolen. But the insurance company refused to compensate him on the grounds that it did not prove that the items declared stolen “were in the vehicle that was searched in the parking lot”. Mr. X sues the insurance company. Refusal of his application to the Court of Cassation.
What does the law say?
Articles 1103 and 1104 of the Civil Code state that “contracts legally concluded take the place of law for those who made them” and that they must be “negotiated, formed and executed in good faith.”
Article 9 of the Code of Civil Procedure states that “it is the responsibility of each party to establish, in accordance with the law, the facts necessary for the success of his case.”
The first judges rejected Mr. X’s request, considering that he had not provided sufficient evidence of the theft: of course, witnesses working with him declared that his belongings in his safe had been stolen, but without further details. Thus, the list transmitted by the insured of the stolen items was not confirmed by evidence such as proof that they actually existed.
Mr. X filed a case before the Court of Cassation, considering that the judge could not refuse to rule on the compensation claim which he found to be well-founded in principle, arguing that there was insufficient evidence on the extent of the damage done to him, as this is impossible to provide.
The Court of Cassation rejected his appeal, and considered that “the insured’s witnesses were limited to stating that the cases deposited in the trunk of his car had been stolen from him, without further details.” Thus, the insured did not provide evidence that the various items he registered to the insurance company were in fact in his vehicle when visited by third parties. Therefore, he could not claim compensation.
If personal items are stolen from inside your car, your coverage depends on the insurance contracts you have (car, multi-risk home) and their terms. But even if the theft is covered, it is not guaranteed that you will be compensated for the stolen items. In this case, the Court of Cassation considers that the insured will not be covered unless he proves that he was indeed victims of theft of things in their car, and that the things in question were indeed on board.! In other words, witnesses must be able to certify and detail the list of stolen items. So it is necessary to show them or take pictures to prove that they were in the car. As no one else does, it amounts to being uninsured against theft of items in your car. It is better to warn you and not to leave anything even in the trunk of the car.