[Closed] bike stolen, insurance downer

have you tried both your home insurance and your travel insurance?

What was their reasoning behind it?

Home insurance only covers theft from my property, travel insurance only covers winter sports equipment (this is the one I thought covered me, it is a winter sports policy that has a supplemental extension for summer, had not realised that extension was only for rescue and medical, and did not include summer sports equipment).

Bummer. do you or your partner have a "premium" bank account? If so you may have travel insurance through that as well.

Why can't the hotel reimburse you then claim off their insurance?

double post

Why can't the hotel reimburse you then claim off their insurance?

I think that is the route, but how do I make the claim against the hotel? Should I contact a solicitor to do so from the off, or should I just send everything to them myself and await a response. Difficult as well having to do so in another country, should I use a French solicitor?

I am still putting all the receipts together for the bike (I may not have them all).

Did the hotel say that the bike would be in their garage at your risk? Or signs to this effect?

No

Will it not be similar to parking a car in the car park ie 'at owners risk'

How big a claim are you trying to make? Callign in a British solicitor that will deal with France, or a French solicitor will quickly eat into that amount. That you thought your travel insurance covered it makes me think it's not a high enough amount to go after (as they single item limits are usually low anyway)?

How does the insurance company classify Winter/Summer sports equipment? It's a bit unfair for them to classify a bike as summer equipment as you can ride/race it year round.

LeeW - Member

How does the insurance company classify Winter/Summer sports equipment?

Winter Sports Equipment will be skis, snowboards, boots, poles and possibly clothing. Everything else is not winter sports.

What did the hotel say at the time? Were police involved?

Hotel manager said their insurance covered it (that may or may not have been bullshit), and gave us the hotel insurance details. I have the police report for the burglary.

Article 1954 of the Code civil is what you need to mention. There is a limit (50 x the nightly rate for the room). I would send them a recorded letter, in French, stating your claim. Have a look [url= http://droit-finances.commentcamarche.net/faq/3081-vol-sur-le-parking-d-un-hotel-modele-de-demande-d-indemnisation ]here[/url] for a template. If you're comfortable doing it in French then either a French speaking solicitor, French lawyer or perhaps any legal protection service from your insurer may be able to represent you.

EDIT: just seen your post. I do not believe that you should be claiming against the insurance, as the liability, for you, is with the hotel, whether or not they have any form of insurance covering [b]them[/b] for [b]their[/b] loss.

That article 1954 seems to be for items stolen from within a car on hotel grounds, it does not look to apply in this case.

How big a claim are you trying to make?

It is/was a s-works enduro 😥

You're kinda right, sorry, I didn't read your first post thoroughly. However, I'm still also right 🙂

It's a little more complex than that. Art. 1952 through 1954 describe the responsibility of hotelliers. Art 1953 covers objects left with the hotellier, art. 1954 explicitly considers vehicle contents to 50x nightly rate.

The Cour de cassation considers that the dispositions in Art. 1953 also apply to vehicles left with the hotellier as per all other objects left with the hotellier as per 1953 (Jurisprudence : Cour de cassation, 1er chambre civile, 22 février 2000, Dalloz 2000 IR 83). A bike is a vehicle (the mentioned Cour de cassation case is actually a boat stolen from a hotel car park). That's 100 x nightly rate, or uncapped if the hotellier was negligent.

Interesting stuff orangespyderman, at least I think I will get something out of this now, I was fearing I was going to get nothing. Thanks.

Keep us posted please... it's an interesting story either way.

Does anyone have good enough French to help me out with a letter to the hotel?

I think in the first instance I will keep it as friendly as possible before wading in with lawyers. To be fair to the hotel they were as helpful as they could be at the time.

oes anyone have good enough French to help me out with a letter to the hotel?

Not sure if you can find my email from my profile, but if not you can use my forum name @ gmail

Thanks orangespyderman.

Your email does not show on your profile, if you drop me an email to monkeyspacepilot at yahoo dot com, I can reply to you with an outline of what want to say.

cheers

You have an email, Mr Spacepilot 🙂

Out of interest - anything ever come of this?

Bit late now, just wondering if the legal protection with various insurance policies would provide a solicitors services for this sort of stuff?

Out of interest - anything ever come of this?

Not yet, I will send a second letter this week before getting a solicitor to send one.

OK thought I would update this.

I was very close to beginning legal action, but kept being told it was in hand and being dealt with, that was starting to wear thin. But the hotels insurance has now paid up in full for the stolen bike. They have dragged their feet and it ruined my planned biking holidays for this year, but I am pretty happy to get the full amount when I was beginning to doubt I would get anything, I think even with successful legal action I would have got a much reduced amount.

So now time to start planning my new bike.

Thanks to orangespyderman for providing some important information

Good result! And good on orangespyderman! 8)

it is a winter sports policy that has a supplemental extension for summer, had not realised that extension was only for rescue and medical, and did not include summer sports equipm

Solved now, but unless this was made [u]very[/u] explicit, I think I'd be going down the line of the insurance ombudsman on that.