In front of a theft or theft of motorcyclethe insurance company has no reason to reject a user’s claim and must provide coverage if the contracted policy guarantees the vehicle.
The National Traffic Law establishes that in order to ride a motorcycle it is mandatory to have liability insurance against third parties and protects victims in road accidents. This is important to keep in mind because mandatory driving coverage does not protect your vehicle in the event of theft or robbery.
So, if an event occurs in which a motorcycle is stolen The first thing to do is file a police report. to start a search process for the drive.
In addition, you must verify which insurance policy you have contracted and if the clause that provides coverage for robbery or theft is included, you will have to contact the insurance company to inform them of what happened and present a copy of the police report.
In the event that the theft or theft of the motorcycle is confirmed and if there was a policy that provides coverage, the insurance must pay the insured sum for this concept.
What reasons do companies give for not providing coverage?
The problem arises when the company verifies that there was no coverage for non-payment or if any of the expected exclusion situations for non-payment were met. serious fault or fraud of the insured.
In the first case, it will be necessary to see if there was a real lack of payment or not. In some situations it could be that the insured went to a banking or virtual payments entity and made the payment but it was not properly charged. Or when the insurance is paid together with the motorcycle loan, for example. To avoid this type of rejection It is essential to keep proof of payment to be able to present them in a case of any questioning.
In the second situation, if any of the exclusion situations were met, the insurance law establishes that “The insured does not have the right to be compensated when he intentionally or through gross negligence causes the event from which his liability arises.”.
The issue of serious negligence or fraud of the insured raises some discussions, since it could be the case that an insurance company considers that Do not install brake disc lock or padlock If the motorcycle is parked on public roads, it is sufficient reason for it to be considered that there is serious fault or fraud on the part of the insured. As a consequence, you may not pay the claim for this reason.
“Serious negligence” or “fraud” are some of the reasons insurers do not provide coverage.It is important to know that both the insurance law and the general regulations of insurers do not establish such reasons for serious negligence or fraud to be established. For this reason, there is, in principle, no legal basis for including these types of clauses in policies that allow a claim due to robbery or theft to be rejected.
If the insurer intends not to cover it, advice should be sought to see if find elements that allow it to be forced to provide due coverage.
Especially in these cases in which it is very likely that it is a contract that can be considered a consumer relationship and the consumer protection law can be applied, in addition to the insurance law.
So, if the situation of a theft or theft of the motorcycle arises, you must first file a police report and then, if there is an insurance policy that covers this concept, you must inform the company so that it can provide coverage. hired.
It is made clear that the specific case must always be evaluated and this note does not imply advice on the specific situation but rather general guidelines.
