Bicycle theft! (K) One case for all cases
The bicycle is a very popular means of transportation, but unfortunately also easy prey for thieves. Therefore better insure good! Based on a recent, “exciting” bicycle theft case, which caused quite a sensation, we point out that insurance is actually not always easy. We explain in practice how much insurance is needed and what you should pay attention to in the insurance conditions
How can this be explained?
Can not two claims be assumed? The wheels were not connected and could have been stolen at different times and possibly by different perpetrators?
If several bicycles are stolen at the same time, they will be considered as a single unit in the event of an insurance claim. In the case described the local and temporal context speaks for the “simultaneous” theft. Of course, a mere presumption of several independent theft actions is not enough.
Is the policyholder basically in the full proof obligation?
The policyholder is in accordance with § 286 ZPO in principle in the full Proof. However, in the case of “theft”, there are certain explanations and proofs for the policyholder, as he usually has no witness to the deed.
Relief for the policyholder
The facilitations are primarily related to the course of action. It is therefore sufficient if an external state of affairs – “the external image of a theft” – is established, which after the life experience with sufficient probability to conclude an insured event. In the case of a bicycle theft, for example, it means that even without finding a “cracked” bicycle lock, according to the description / message of the policyholder, a secured wheel is assumed.
In our example insurance case, however, it can not be assumed that there were two separate thefts simply because the wheels were allegedly connected separately. This goes a little too far beyond the facilitations.
How much insurance do I need?
The sum insured for bicycle theft should always be chosen as high as the likely damage in the worst case can be. If a family, for example, often with three wheels on the road, for the 100% protection, the replacement value (same type and quality) of these three wheels should be insured.
What does the insurance coverage cover?
Often not only the bike is insured against theft, but also the bicycle trailer (DK: bicycle theft: accessories). Some insurers are following the trend and include pedelecs or e-bikes (bicycles with electric motors) in their conditions. Of course, pedelecs are bicycles and insured, even if they are not mentioned. Unless they are explicitly excluded or for example bicycles are not insured, which are insurable (from a certain speed this is the case with electric bicycles).
Performance requirements of the insurance companies
For the insurer to pay, usually the policyholder must be:
- Secure bicycle with a lock,
- submit a bike pass to the insurer and
- can prove the documents about the purchase.
- The security through a lock – also called “security in a usual way by a lock”, is one of the standardized performance requirements.
Many companies also only provide, if various proofs are submitted; For example, frame numbers, purchase receipts, coding certificates or proof that the bicycle was not brought back in a certain time (3 or 4 weeks) (acknowledgment of the foundation). In addition, the policyholder must prove that a complaint was made to the police.
Some insurers even assume that the bicycle must have been in use or locked in a common bicycle storage room.
Other insurers, on the other hand, even include the destruction or damage of a bicycle caused by an accident, or acts of mischief or malice.
By using a so-called night time clause, insurers can restrict the theft protection to the times of day between 6 o’clock in the morning and 22 o’clock in the evening. For our example, such a clause would have no effect, but it may mean an important limitation of the insurance coverage depending on the usage of the bike and storage.
Most companies forgo a nighttime clause. Or formulate in the insurance conditions so that as possible a garaging (a bicycle storage) should be used.
Different formulation examples of the insurance companies
Insurance cover is between 22-6 clock only within a building
Within a fenced property between 22 -6 o’clock
No insurance coverage in the common bike storage room between 10pm and 6am
No insurance protection in the stairwell between 22 -6 o’clock
Use is not insured between 22 and 6 o’clock
From locked vehicle
No night-time clause, but if possible, use garaging
… tied to a “fixed” object
A theft of the bike is annoying and costs time and nerves. In order not to suffer at least a major financial loss, one should therefore pay attention to a good insurance protection of the bicycle as part of the household policy – especially in high-quality bicycles and pedelecs. Otherwise threatens the descent or the Umsatteln: From the chic bike on Schusters rappen.