I hate insurers. I have always wanted a Ducati 916 since it came out. After saving for years I bought one last summer. To say I was chuffed was an understatement. I “tricked it up” with some carbon cans, a carbon mudguard and a custom paint job. It looked the dog’s danglies.
The issue I now have is that it was nicked out of the garage by some poxy kids who managed to ride it around a local field and crash it into a ditch. Thankfully, it has been recovered but the insurer is refusing to pay out because it says I only insured it as a standard 916 and I didn’t keep it locked in the garage with an approved lock. Can I sue the insurer or something?
If it was a term of your policy to have the bike locked up with an approved lock and you didn’t then you are in breach of the policy. This means the insurer is within its rights not to pay out.
With regards to it being “tricked up” you are meant to go to the insurer with “clean hands” Therefore, if you have only paid to insure a standard 916 and you have “tricked it up” then you didn’t pay the right premium to insure the risk. This again means that in all likelihood it is within its rights not to pay out.
I do appreciate that some insurers are a pain in the proverbial (I deal with them everyday!) so you need to check the terms of your policy very carefully. If an insurer has got it wrong then you have a right of action against them.
Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.
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