In short.
- First check that it is not a mere relocation (pound, car park, garage).
- Telling the police is the first useful step. Theft (art. 139 SCC) is in principle prosecuted ex officio.
- Compulsory motor third-party insurance indemnifies third parties. It does not pay for the theft of your vehicle. That is the role of partial or comprehensive casco, if taken out.
- Notify the insurer at once (art. 38 ICA). Many contracts ask for a police record or a copy of the statement.
Before concluding it is theft
A vehicle may have been towed, moved in a car park or driven by someone you know. Note the last place, the time and the plate number. If you cannot find it, contact the police. 117 is for emergencies ; a station may also say whether there was a tow.
You do not need to have seen the offender. A report “against persons unknown” remains possible. The three-month limit in art. 31 SCC usually does not apply to theft of a motor vehicle. Exceptions (relatives, offence of minor importance) are rare for a car. See How long to file a complaint in Switzerland.
The criminal framework
Theft of a registered vehicle falls under art. 139 SCC. The police or the public prosecutor can act once informed. A complaint is filed in writing or orally with the police, the public prosecutor or the authority for contraventions (art. 304 CrimPC), in principle at the place of the facts.
In Geneva, the online pre-complaint for theft, burglary or damage does not apply to registered vehicles, plates, or theft with violence : you must go to a station. See Geneva.
Compulsory third-party cover and casco : two different covers
The Road Traffic Act requires third-party liability insurance for a registered vehicle. That cover indemnifies third parties. It is not designed to repay your stolen car.
Theft of the vehicle, of accessories or certain vandalism, if covered, fall under partial casco or comprehensive casco. That is not automatic : it depends on what you took out. This text does not say that an insurer will pay.
What the ICA says : notice and information
Art. 38 ICA requires you to notify the insurer as soon as you know of the loss and of your right. A culpable delay may reduce the indemnity by the prejudice caused by the delay. Art. 39 ICA requires you to inform the insurer and to let it establish the loss.
General conditions (GCI) often list the documents : a copy of a police statement, keys, registration document, sometimes a waiting period if the vehicle is found. That illustrates contract practice. It does not replace the statute and varies from contract to contract.
Useful documents
- Registration document, plate, make and model.
- Keys, badge, remote : say how many exist and where they were.
- Leasing, rental or employer contract, if the vehicle is not yours.
- Insurance contract and policy number.
The cantonal vehicle office can record a withdrawal from circulation once the theft is established. Ask the police or the office how to proceed in your canton. That is not the same act as a criminal statement.
If the vehicle is found
Many GCI provide, according to the contract, a waiting period of about thirty days before treating the vehicle as lost. That is not a rule of the Criminal Code or of the ICA. Read your policy. If the vehicle reappears, tell the police and the insurer. Do not assume reimbursement : amount, deductible and exclusions depend on the contract.
ma-plainte.ch lets you prepare a motor-vehicle theft statement, print it, sign it and send it by post to the authority indicated. It is not the police website. See Motor vehicle theft.
This text outlines the general framework at the date of publication. It is not legal advice and does not replace a lawyer, the instructions of the authority or those of the insurer. Each case and each contract may differ. No indemnity is guaranteed.
Sources
- Swiss Criminal Code (SR 311.0), art. 30, 31 and 139
- Criminal Procedure Code (SR 312.0), art. 304
- Insurance Contract Act (SR 221.229.1), art. 38 and 39
- Road Traffic Act (SR 741.01) : compulsory third-party insurance
- Republic and canton of Geneva, “Déposer plainte”
- Federal Statistical Office, crime and criminal law, property / theft (statistical context)