Bike stolen from bike shop!
Discussion
Hello folks,
I received a rather disheartening phone call yesterday from the bike shop that is currently servicing my mountain bike to say that it has been stolen in a bit of opportunistic thievery from outside the shop.
The chap who called was very apologietic and has phoned the police etc but needs to wait for the boss to come in who will then call me to sort out what's happening etc.
Just ahead of the call, I'm trying to get a handle on what the legal position is in regard to insurance, replacement and so on.
Am I right in assuming the shop will be covered for this sort of eventually and any claim would be from their policy? I'm reluctant to claim on my own home and contents and even more reluctant to pay the excess!
What are my rights in terms of replacement? I'm assuming it's 'of equivalent value' but not sure what that actually means. It's a few years old but in good condition and I'd rather not be given another second hand bike that might be worse than my own.
I'm optimistic that the shop in question will take responsibility and make amends as they seem like good guys but just want to be sure of where I stand in case there's any confusion.
Any help or experience appreciated!
I received a rather disheartening phone call yesterday from the bike shop that is currently servicing my mountain bike to say that it has been stolen in a bit of opportunistic thievery from outside the shop.
The chap who called was very apologietic and has phoned the police etc but needs to wait for the boss to come in who will then call me to sort out what's happening etc.
Just ahead of the call, I'm trying to get a handle on what the legal position is in regard to insurance, replacement and so on.
Am I right in assuming the shop will be covered for this sort of eventually and any claim would be from their policy? I'm reluctant to claim on my own home and contents and even more reluctant to pay the excess!
What are my rights in terms of replacement? I'm assuming it's 'of equivalent value' but not sure what that actually means. It's a few years old but in good condition and I'd rather not be given another second hand bike that might be worse than my own.
I'm optimistic that the shop in question will take responsibility and make amends as they seem like good guys but just want to be sure of where I stand in case there's any confusion.
Any help or experience appreciated!
They should be insured yes but exactly what that policy allows for you'd need to get from them. No you shouldn't need to claim on your home insurance unless they start to be difficult and you want legal help.
Key thing at this stage will be remaining friendly but firm with the shop. You need to be put back in the position you were in before it got pinched. In the shot term I'd maybe look for them to loan you something (do they have demo bikes?) to tide you over. In terms of replacement one factor will be whetehr they were complying with their policy requirements but that is their concern. Do you have anything written down in form of a receipt etc that you left it in their care?
Key thing at this stage will be remaining friendly but firm with the shop. You need to be put back in the position you were in before it got pinched. In the shot term I'd maybe look for them to loan you something (do they have demo bikes?) to tide you over. In terms of replacement one factor will be whetehr they were complying with their policy requirements but that is their concern. Do you have anything written down in form of a receipt etc that you left it in their care?
Their level of insurance is irrelevant, so long as you can show that they were negligent. If the bike was outside the shop and unlocked, as seems to be the case, then they are 100% liable and will have to fix you up with a replacement bike of equivalent value.
If however there was no negligence, say it was taken from a secure place or the thieves had to cut through a substantial and appropriate lock, then the situation is far less clear cut and you may indeed end up claiming through your own insurance.
Either way, whether or not they can - or choose to - use their insurance is of no concern to you.
If however there was no negligence, say it was taken from a secure place or the thieves had to cut through a substantial and appropriate lock, then the situation is far less clear cut and you may indeed end up claiming through your own insurance.
Either way, whether or not they can - or choose to - use their insurance is of no concern to you.
I'd suggest that the moment that you left the shop having dropped it off, then the bike was in their duty of care. I realise that it's not a 'normal' situation, but for you to have to claim on your insurance, or for you to be left out of pocket seems very wrong.
Hope that you get it all sorted out and that the bike shop are willing to assist in resolving the situation!
Hope that you get it all sorted out and that the bike shop are willing to assist in resolving the situation!
deckster said:
Their level of insurance is irrelevant, so long as you can show that they were negligent. If the bike was outside the shop and unlocked, as seems to be the case, then they are 100% liable and will have to fix you up with a replacement bike of equivalent value.
If however there was no negligence, say it was taken from a secure place or the thieves had to cut through a substantial and appropriate lock, then the situation is far less clear cut and you may indeed end up claiming through your own insurance.
Either way, whether or not they can - or choose to - use their insurance is of no concern to you.
This post all the wayIf however there was no negligence, say it was taken from a secure place or the thieves had to cut through a substantial and appropriate lock, then the situation is far less clear cut and you may indeed end up claiming through your own insurance.
Either way, whether or not they can - or choose to - use their insurance is of no concern to you.
Stand firm , their insurance shouldn't matter to you, they should replace it to a model of the same quality
I'm not saying go all guns blazing, but definitely don't get fobbed off for weeks/months "oh we are waiting for an insurance decision"
Thanks guys.
Like I say, the shop seem genuinely apologetic about it and keen to sort something out. I think they're a bit taken aback simply because it hasn't happened to them before but sure they'll sort it.
From a bit of reading, it sounds like I'm unlikely to be offered new for old as a replacement so with that in mind, perhaps the best bet is to look at getting them to contribute the value of my old bike towards a new one or something?
Like I say, the shop seem genuinely apologetic about it and keen to sort something out. I think they're a bit taken aback simply because it hasn't happened to them before but sure they'll sort it.
From a bit of reading, it sounds like I'm unlikely to be offered new for old as a replacement so with that in mind, perhaps the best bet is to look at getting them to contribute the value of my old bike towards a new one or something?
Disastrous said:
Thanks guys.
Like I say, the shop seem genuinely apologetic about it and keen to sort something out. I think they're a bit taken aback simply because it hasn't happened to them before but sure they'll sort it.
From a bit of reading, it sounds like I'm unlikely to be offered new for old as a replacement so with that in mind, perhaps the best bet is to look at getting them to contribute the value of my old bike towards a new one or something?
I'd wait to see what's offered first. If they want avoid using their insurer, as others have said, a new bike at trade price may well represent the secondhand value of yours. If it goes through an insurance co you'll get the usual meagre cheque.Like I say, the shop seem genuinely apologetic about it and keen to sort something out. I think they're a bit taken aback simply because it hasn't happened to them before but sure they'll sort it.
From a bit of reading, it sounds like I'm unlikely to be offered new for old as a replacement so with that in mind, perhaps the best bet is to look at getting them to contribute the value of my old bike towards a new one or something?
insurance_jon said:
under a shop policy it is most likely the theft will have to have been "forcible or violent", for cover to have been in force i.e not a walk off
in a similar vein to the above it is unlikely to be covered by your home insurance
That sounds disconcertingly disconcerting!in a similar vein to the above it is unlikely to be covered by your home insurance
That suggests nobody would be covered? Surely there is some expectation of security when a bike is left with a shop in my own policy?
V8mate said:
Oh I'm sorry, Mr Insurance Mole. Are you here to tell us how wonderfully generous insurance claim settlements are?
Well I've posted about my like-for-like crash replacements in another thread.I've also been unlucky enough to have a record equipped c40 and another, much cheaper bike stolen from a locked garage. The insurance company came out, looked at the break-in damage, wrote a few notes and a week later I had funds in my account so I could go and buy a record equipped Colnago EPS (ie the equivalent model available at the time) + a cheaper bike.
That's 3 out of 3 for me, but you go ahead and tell everyone how the evil insurance companies are just there to screw you over.
Pachydermus said:
Well I've posted about my like-for-like crash replacements in another thread.
I've also been unlucky enough to have a record equipped c40 and another, much cheaper bike stolen from a locked garage. The insurance company came out, looked at the break-in damage, wrote a few notes and a week later I had funds in my account so I could go and buy a record equipped Colnago EPS (ie the equivalent model available at the time) + a cheaper bike.
That's 3 out of 3 for me, but you go ahead and tell everyone how the evil insurance companies are just there to screw you over.
So claims on your own policies then. Quite unlike the OP's situation.I've also been unlucky enough to have a record equipped c40 and another, much cheaper bike stolen from a locked garage. The insurance company came out, looked at the break-in damage, wrote a few notes and a week later I had funds in my account so I could go and buy a record equipped Colnago EPS (ie the equivalent model available at the time) + a cheaper bike.
That's 3 out of 3 for me, but you go ahead and tell everyone how the evil insurance companies are just there to screw you over.
V8mate said:
So claims on your own policies then. Quite unlike the OP's situation.
nope. The 2 accidents I claimed on the drivers' policies. First one I did myself as not injured and was paid in about 2 weeks. The second one my lawyers told me I was dreaming wanting like for like but still got paid within a month:
It matters not whether the shop's insurance covers it or not. Nor does it matter what the insurance company give the shop in settlement. The shop has insurance to protect them, not to protect you.
Your bike was in the care of the shop and they have lost it. They must replace it, with a bike of the same specification and condition, or better. That's what the law says.
Talk of meagre cheques, hassle with insurers and claiming on your own policy is all a bit naive.
Your bike was in the care of the shop and they have lost it. They must replace it, with a bike of the same specification and condition, or better. That's what the law says.
Talk of meagre cheques, hassle with insurers and claiming on your own policy is all a bit naive.
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