Expert: Ron Cercone - 7/13/2010

Question
QUESTION: I had a dirt bike, which had no insurance legally stored (paid in full in advance) at a motorcycle shop. Someone in broad day light while the shop was open and doors left wide open, stole the bike. Shouldn't the shops insurance cover this loss?
Thanks

ANSWER: yes, if they have insurance. You can still sue the shop if they don't turn it in to their insurer.

---------- FOLLOW-UP ----------

QUESTION: The owner has no even spoken to his insurance company at this point. He claims his policy would not cover it. I was told by a friend who works in the insurance business that due to the fact that the shop was open and it was taken while the shop was open it should be covered by the most basic insurance the shop has. I would prefer not to take legal action against the shop owner, but I would like to recover whatever I can rightfully recover without any ugly legal battles. I guess the question I am trying to get to is this type of event something that the most basic liability should cover, since the bike was store at the shop. I am sure the form has a disclaimer that they were not liable for your motorcycle, but the fact that they were open and chose to open the doors and leave the bike unattended, it is in fact legally the responsibility of the shop. Thanks

Answer
The shop owner is lying IMO. Why does he not show you the policy? He should turn it in to his insurer and let them deny it. But regardless, he was LEGALLY NEGLIGENT, so sue the jerk in small claims court and stop being a sap. When he gets the small claims notice, he will either turn the claim in, or take his chance in court.