Uninsured Motorbike Stolen from back of Police Transport

Denzion

Hi,

I had an uninsured off-road motorbike stolen from a secure shed in Aberdeenshire, this was then stopped and ceized by the Police and in Liverpool. On the way from the stop sight to the secure storage this was stolen from the back of the transport vehicle. Would the transport company have any liability for the value of goods that were in their care at the time?

Since this incident there has been a change in policy from the Police and the transport vehicle is now escorted from the stop sight to storage to stop a recurrence of this.

Looking forward to your thoughts,
D

Car_54

Interesting question. I'm not a lawyer, but some thoughts.

1. It had already been stolen, so the police might argue that you're now no worse off than if they hadn't found it.

2. Since you hadn't bothered to insure it, why would you expect the police or the recovery company to?

3. Having said all that, it does seem wrong that they shouldn't take responsibility. Have you asked? If they say no, I'd suggest getting a free consultation with a lawyer.

Herzlos

I would assume that the transport company has some sort of insurance/liability for any goods they are transporting at the time.

curty510

interesting scenario. I wouldn't say responsibility lies with the police, as they had found the bike for you and contracted its removal to the transport co. I would seek advice as would suggest the transport company will have to have insurance to cover clients vehicles.

Tothepoint.

The police recovered your bike and therefore took possession of it, it's down to them to address the issue as they have effectively lost your property. It's no different to someone handing in a found Rolex watch and them losing it from their property store.

It may well be that the recovery operator has to claim on their insurance but it's not your problem.

muhandis

It's clearly the Police's responsibility irrespective of whom they used to transport the vehicle. Your point of contact will be them.

PasturesNew

I'm in two minds... it was already stolen and uninsured. However, I'd have expected the transportation company to have it "in their care" and therefore insured.

If it'd not been stolen you'd still have it.
If it'd been stolen/not recovered, you'd not have it.
If it'd been recovered and not re-stolen, you'd still have it.
As it was stolen twice, you don't have it.

The question is whether you're better or worse off than where you started.

You technically started with a stolen/uninsured motorbike - so you had no bike and no money.

You need to be put back to the position you were in - which would indicate no bike, no money.

Interesting one, eh! It could go either way.

Rain_Shadow

Sounds like someone's homework.:cool:

worried_jim

Stolen goods found in Liverpool. Shocker!

missile

This must be a made up story?

dacouch

The motorbike being uninsured, makes no difference to whether or not the Police are liable for the actions of their contractor.

If they are liable, they would be liable whether or not the bike was covered