My insurer is a robbing to##er. I have used them for the last five years.
Every year, I have always explained that I have a fourth floor apartment with a private garage underneath the apartment block. It has secure gates and the only people with a fob to get in are those in the block.
Two months ago my MV Agusta F4 got nicked from the garage and now my insurer says it wasn’t in what they term a ‘garage’.
However, I have read the policy and a ‘garage’ is defined as being built of brick with a door. That is exactly what this is.
Unfortunately I am hearing more and more of this ‘robbing to##er’ behaviour. Luckily, it sounds like you are on the ball.
If you told them and you have complied with the policy they will have to pay out. I would follow the complaints procure in the policy and keep everything in writing. If they won’t pay out after that you could take the matter to the Financial Ombudsman Service (this will not cost you any money). They should investigate and then order the insurer to pay out.
If they do not pay or you simply want to bypass the Financial Ombudsman Service, you could sue the insurer for a breach of contact. The latter may cost you money with court issue fees etc., but if you win, your insurer should have to pay the applicable costs back to you.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 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.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About Motorcycle Monthly
The MCM legal column is compiled by managing partner Andrew 'Chef' Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with all the motoring offences.
White Dalton lawyers have a vast knowledge of bike law, and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance appointed solicitor, get proper independent advice.