From: smm@rodan.UU.NET (Steve Mansfield)
Newsgroups: rec.motorcycles
Subject: Re: Dear Abby sez "Don't let kids get on motorcycles"
Date: 5 Jan 1993 09:08:01 -0500
Organization: UUNET Technologies Inc, Falls Church, VA
NNTP-Posting-Host: rodan.uu.net

>Please read your policy thoroughly.  Are you sure the policy covers
>injuries resulting from the use of your "car" by someone *without*
>*your* *permission*?  Is there absolutely no paragraph anywhere where
>they say in any roundabout way that such damages aren't covered.
>
>My wife's auto policy from USAA has a similar paragraph stating
>"We will pay damages for bodily injury or property damage for which
>any covered person becomes legally responsible because of an auto
>accident."  Sounds fairly comprehensive.  But at the bottom of the
>page starts a long list of exclusions:
>
>"We do not provide Liability Coverage for any person ...
>8. Using a vehicle without a reasonable belief that that person is
>entitled to do so."
>
>Frankly I don't know what this means in the case of someone injuring
>themselves in this way.  But my old Massachusetts policy, which was
>the only kind of auto or bike insurance available when I lived there,
>says, "We will also pay damages if someone else using your automobile
>with your consent is legally responsible for the accident."  (The 
>previous clause includes only household members.)

I just called up USAA because I don't have my policy here at work, and
according to them, they don't have a set policy on how to handle the
situation where someone is not trying to steal your vehicle but it is
injured or the vehicle is damaged while they are sitting on the vehicle
without permission.  According to the representative I spoke with, his
belief was that:

a) (Assuming the person was insured for a vehicle of their own) They
or their insurance company would be responsible for payment of any
damages to your motorcycle, and for their own medical bills if
applicable.  A parent's insurance would cover a child's injuries.  They
do likewise if you do this to someone else, or your child does so.  He
also mentioned you could expect your premiums to go up quite a bit too if
you were to do something like this.  If they wanted to sue due to the
"attractive nuisance" argument, USAA will fight for you if you do not
want to pay for their own injury in this case.  They have done so in the
past.  It is a case-by-case situation, though.

b) (Assuming the person was uninsured or their insurance does not cover
them for this situation).  USAA's comprehensive and liability will cover
this, minus deductible, but will go on to seek legal compensation for
themselves at no cost to you from the person responsible.

Basically, USAA does not hold *you* responsible for someone injured or
vehicle damaged due to someone not given permission to be on your
vehicle.

>Also as I pointed out in a prior message, my bike insurance from
>Progressive explicitly says it won't pay for damage caused by someone
>using my bike without my permission.
>
>So is your insurance that much better (and/or clearer) than any of the
>above policies?  (ObInsurance:  Should I switch companies?)

Could be rabbit.  Depends on how important/likely you see this situation.

>-- David Karr (karr@cs.cornell.edu)

Steve Mansfield	    | The system we've learned says we're equal under law
smm@uunet.uu.net    | But the streets are reality, the weak and poor will fall
1983 Suzuki GS550E  | Let's tip the power balance and tear down the crown
DoD# 1718	    | Educate the masses, we'll burn the White House down.
Queensryche	    -       Speak the Word.
Newsgroups: rec.motorcycles