Woman loses claim for stolen 4x4 over key left in vehicle

A Co Galway mother-of-five, described by a judge as reckless for leaving a key to her luxury Toyota Landcruiser in her handbag in the back of her 4x4, has lost a €35,000 claim against Axa Insurance which refused to cover her after the high-end vehicle was stolen.

Breege McGath of Polkeen, Castlegar, Co Galway, told the Circuit Civil Court that her Landcruiser was stolen from the back of her home only days before Christmas 2011.

She said that although she believed she had locked the vehicle she had left her handbag containing the key and her passport and credit cards in the back seat on top of clothes for the cleaners. “Our house is behind locked electronic gates and that night I had just come in from training. It was a freezing cold night and I hurried to get into the house.”

None of her family had heard any alarm go off and the electric gates had been opened and shut by the car thieves on their way out, she told barrister Eamon Marray, counsel for Axa, Wolfe Tone House, Dublin.

She told him she had always thought it handy to leave her handbag in the back of the 4x4. It contained a spare car key and zapper for opening and closing the entrance gates.

Her builder and property owner husband, Mike McGath, said the three family dogs were around the house that night, but no one had noticed any barking.

Mike McGath said his own 4x4 had been stolen in June 2011 but had been found and returned to him. Afterwards he had electronic gate motors and the house alarms checked. Locks were renewed.

Mr Marray told Judge Jacqueline Linnane that Axa had refused to indemnify Ms McGath on the basis she had been negligent and reckless with regard to the security of her Landcruiser, a 3.0 TDI LWB GX.

Judge Linnane dismissed Ms McGath’s claim, with legal costs to Axa.