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Bike stolen - NIG refusing to pay out

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Hi there,

I've been lurking here a while but never had the incentive to register. Now I do!

My motorbike was stolen at the beginning of the month. I reported the incident with the police and opened a claim with my insurance broker (Carol Nash) the same day.

It was stolen from my drive during the day time, though was not secured in any way.

3 weeks later NIG (my insurer) phone me and we go through the details once again. She puts me on hold for a few minutes then comes back to me with the affirmative decision that "unfortunately because your bike was stolen from the drive and not the locked garage, the policy is void" - or to that effect.

Now then, since the bike was stolen during the day time and not during the night, what difference would it make if it were in the garage or not? I certainly only stated that it would be kept in the garage during the night, not during the day. Also, nowhere in the policy did it say anything about the policy being void if the bike were stolen from the drive during the daytime.

If it were stolen from the drive during the night then I may see how they have a point, as I did state it would be kept locked in the garage overnight. But it wasn't, so the point is irrelevant.

This phone call only happened today, so I haven't done anything about it yet. Tomorrow I shall phone Carol Nash and see what they have to say about it, I will also request that they photocopy the policy and send it back to me (they have the policy documents by request, I foolishly forgot to take a copy). I'm not really sure which route I should take with this from here. Hopefully it was just an initial "No" from them to try to palm me off without paying out, and that I can win them over eventually and get them to pay out.

Thoughts so far?

Comments

  • Quote
    Quote Posts: 8,042 Forumite
    Sounds like you have an excellent case. Don't bother with asking for photocopies, just call your broker and get them to (!!!!ing well) sort it.
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Rysm wrote: »
    Hi there,

    I've been lurking here a while but never had the incentive to register. Now I do!

    My motorbike was stolen at the beginning of the month. I reported the incident with the police and opened a claim with my insurance broker (Carol Nash) the same day.

    It was stolen from my drive during the day time, though was not secured in any way.

    3 weeks later NIG (my insurer) phone me and we go through the details once again. She puts me on hold for a few minutes then comes back to me with the affirmative decision that "unfortunately because your bike was stolen from the drive and not the locked garage, the policy is void" - or to that effect.

    Now then, since the bike was stolen during the day time and not during the night, what difference would it make if it were in the garage or not? I certainly only stated that it would be kept in the garage during the night, not during the day. Also, nowhere in the policy did it say anything about the policy being void if the bike were stolen from the drive during the daytime.

    If it were stolen from the drive during the night then I may see how they have a point, as I did state it would be kept locked in the garage overnight. But it wasn't, so the point is irrelevant.

    This phone call only happened today, so I haven't done anything about it yet. Tomorrow I shall phone Carol Nash and see what they have to say about it, I will also request that they photocopy the policy and send it back to me (they have the policy documents by request, I foolishly forgot to take a copy). I'm not really sure which route I should take with this from here. Hopefully it was just an initial "No" from them to try to palm me off without paying out, and that I can win them over eventually and get them to pay out.

    Thoughts so far?

    Surely the point is not that it was stolen from the drive, but that you made no attempt to secure it?

    If you left it parked in a public car park without any lock on it, that would be negligent. It is equally negligent to do so on your own drive.

    The thing about a locked garage is that it's reasonable to not padlock the bike (IMHO) if it's in a securely locked garage.
  • stclair
    stclair Posts: 6,854 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I agree with markymarkd the bike would have had to be secure in some way shape or form.
    Im an ex employee RBS Group
    However Any Opinion Given On MSE Is Strictly My Own
  • raskazz
    raskazz Posts: 2,877 Forumite
    You need to check your policy schedule. I'll bet that your policy has a garaging warranty added to it by endorsement.
  • Checking your policy wording is the most important thing - that will tell you what you are required to do - if that says keep the bike in the garage or says must be kept chained up when not in use then that is what you have to do (and they would be right to decline the claim)
    If the policy is silent then you don't have to secure it in any way to comply with the policy terms (and that is the important thing). If may well have been foolish or negligent to leave your bike insecure on the drive, but the policy doesn't exclude that and you should be paid out for your bike
  • Rysm
    Rysm Posts: 3 Newbie
    raskazz wrote: »
    You need to check your policy schedule. I'll bet that your policy has a garaging warranty added to it by endorsement.

    I've just checked my policy documents and you are correct. It states "When your motorcycle is at your home address theft cover will not be in force unless the motorcycle is locked in a garage of brick, concrete, steel or stone construction fitted with a steel or wooden door."

    This is gutting, I had no idea this clause existed. When I filled out the online application for the policy it asked me where my motorcycle is kept overnight. For them to use this information to assume that this is where it will be kept all day is quite deceiving. I feel cheated.

    I suspect I already know the answer, but am I up creek without a paddle?
  • Unfortunately, the insurers are right. It's up to you to check the policy documents are right when they come through - unfortunately because you didn't check you didn't notice the warranty.
  • So what happens if you are cleaning your bike, you go back in to the house for whatever reason and your bike gets taken. You're not insured because of the ridiculous garaging warranty.

    Who washes their bike in the garage?
  • Rysm wrote: »
    So what happens if you are cleaning your bike, you go back in to the house for whatever reason and your bike gets taken. You're not insured because of the ridiculous garaging warranty.

    Who washes their bike in the garage?

    You need to be having this conversation with the insurer.

    Why was it on the driveway?

    Why was it unsecured?

    How long had it been there?

    How long was it going to be there?

    Is it normally kept there during the day, or was it a one off? Had you just used it, or just been about to?

    If you can give them satisfactory answers to any or all of them, you might stand a chance. But unfortunately you are in breach of a warranty so you need to 'persuade' them that they should pay the claim.

    Good luck.
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