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Do we have a claim - insurance question
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This is what happened.

SUV going 75mph in carpool lane has a blowout. Resulting 'crash' knocks off bike rack containing 3 bikes, which are all badly damaged.

Driver is insured fully comprehensive.

Driver's insurance company say they'll only refund him for vehicle damage and previously declared items. They suggest he tries his homeowners policy. Homeowners insurance say they only cover stuff in the house.

Do we, the non drivers, have a 3rd party claim against the driver's insurance?
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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If I follow, you are riding in the vehicle (that has blowout) with bikes on top, and this is a single car accident. If so the vehicle owner goes to his auto carrier for coverage under collison as I am guessing that they hit something after the blowout. If you have homeowners coverage it will cover your contents (bike) while they are anywhere in world. Cause of loss has to be a listed peril, which Vehicles is one of the listed perils. So if all my assumptions are correct it appears that you have coverage under your homeowners subject to your deductible.

Jim

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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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Not enough information for a definitive answer but here are few general thoughts.

Driver's comprehensive coverage likely only covers damage to his vehicle. Driver's bike is not covered. Likewise, driver's comprehensive won't cover damage to non-driver's property.

Driver's liability coverage won't cover driver ... only covers claims by third parties. Passengers are third parties and liability coverage might pay if there was an accident. Blow out and resulting rack failure may not constitute an accident. As a third party claimant against the policy, you will have to allege that driver was somehow negligent.

Driver's homeowner's coverage won't apply because a car was involved and there will likely be an exclusion in homeowner's policy for auto-related damages and claim.

Passengers' homeowners or passengers' auto policies might respond.

If driver has personal umbrella coverage, that might respond but passengers will need to claim negligence of driver.
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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Caveat I am no expert on US or auto insurance for that matter but can find my way round a commercial liability policy. My iniital impression was yes, well maybe. You will have to allege negligence on the part of the driver to trigger the liability section of his auto policy. Then he has a claim on the policy, your claim is against the driver. But it is very possible that his auto policy might have an exclusion and/or it might be very difficult to prove some form of negligence on the drivers part.



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Simple Simon
Where's the Fried Chicken??
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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You may have a claim against the driver of the vehicle, not the carrier directly, if you can establish the tires were badly worn and the blow out was foreseeable. Good luck.
Last edited by: tootall: Nov 9, 05 13:18
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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If the speed limit was significantly less than 75 mph, than you could allege negligence on the part of the driver under "But for" (but for, the exessive speed, the vehicle could have slowed and stopped in a safe manner). Is there a police report, charges? If yes, that would be evidence of misconduct and you may have a claim.

J
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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my 2 cents - your homeowners should cough up. Several years ago, I rode my mt. bike over to a friends, parked at the side of his house, went in the backyard to talk to him, came back 20 minutes later, bike stolen, filed police report. my homeowners paid full purchase price, no questions asked.


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Re: Do we have a claim - insurance question [frogonawire] [ In reply to ]
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Rode my bike home late on a Saturday night a couple of years ago, parked it - unlocked - in front of my dormitory, and it was gone the next morning. Parents' homeowners insurance covered full retail, even though I wasn't living at home.
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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Most vehicle insurance policies will cover the bikes ONLY if they in IN the vehicle. Most insurance policies will NOT cover exterior mounted racks and bikes. I ALWAYS put the bike in the trunk!!!!!!!!!

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Paul
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Re: Do we have a claim - insurance question [BLACKSHEEP] [ In reply to ]
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I put my mother in law in the trunk with my bike!
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Re: Do we have a claim - insurance question [dvfmfidc] [ In reply to ]
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Is that to provide additional cushioning for the bike in the event you are rearended?
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