Even if witnesses testify that objects were stolen from the parked car, the court may judge that the evidence is insufficient to compel the insurer to compensate.
The witnesses having attested to the theft of the cases which were in the trunk, the judges can consider that this does not correspond with certainty to the list of objects listed by their owner, estimated the Court of Cassation.
A car owner was seeking compensation for things stolen from a vehicle he had parked in a parking lot at a trade show. Witnesses attested that the contents of the trunk had indeed been emptied and the owner drew up a list of them.
But the judges followed the insurer’s arguments. The witnesses only certify that belongings were stolen, without any other details that they may not have had, and it is therefore not possible to know whether their attestation corresponds to the property listed by the insured, that is to say if these goods were actually in the car. Compensation is therefore not possible
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(Cass. Civ 2, 31.3.2022, A 20-22.298)
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