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Insurance: definition of garage vs public road

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Londoner2015
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PostPosted: 18:33 - 10 Mar 2017    Post subject: Insurance: definition of garage vs public road Reply with quote

I live in a block of flats with a shared garage with a rolling door/shutter. Only the residents (15 flats) have access. The garage has car bays, bays for pushbikes, and a little room for my motorcycle.

Every insurer I have ever contacted over the phone has always told me that they view a bike parked there as "parked on the public road". I appreciate it's not as safe as a garage that's only mine and which only I can access, but it's also self-evident it's not quite the same as parking the bike on the road!

Anyway, I have never been able to find a definition of 'garage' in any of the insurance contracts I have had or inquired about. My question is: what is the definition in these cases? Does the insurer have to provide one in writing? Is there an industry-accepted definition of garage? Is there any legal precedent on what constitutes a garage and what not?
Thanks.
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P.
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PostPosted: 18:35 - 10 Mar 2017    Post subject: Reply with quote

Say garage. It's a garage. Fuck their silly rules. It's a fucking garage.
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Dave V4
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PostPosted: 18:38 - 10 Mar 2017    Post subject: Reply with quote

if the little room for your bike is lockable, I would declare it as garaged. your call though because the slimy fuckers will try and wriggle out of any claim if they can
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Londoner2015
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PostPosted: 18:39 - 10 Mar 2017    Post subject: Reply with quote

Dave V4 wrote:
if the little room for your bike is lockable, I would declare it as garaged. your call though because the slimy fuckers will try and wriggle out of any claim if they can


Yes, precisely. That's why I'd like to understand if there is any legal precedent on this. I did check the Oxford dictionary, and the definition of garage is not limited to something only I can access! Very Happy
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waffles
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PostPosted: 18:41 - 10 Mar 2017    Post subject: Reply with quote

I thought that a garage was defined as a brick or concrete building that is either next to the property or part of the property, it can be locked and only the homeowner/person renting has access to it. So what you have described pretty much fits the bill.

Surely if they won't accept your garage as a garage, the bike is still secured on the property. Its not on the road at all.
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Ste
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PostPosted: 18:49 - 10 Mar 2017    Post subject: Reply with quote

Lots of insurers talk about private garages. Clauses about the garage being locked don't work if the garage is communal and used by 14 other addresses.

MCE says:

You have agreed that You will keep Your Motorcycle in a locked garage or building either at your home
address or an address declared and specifically agreed by Us when your motorcycle is not being used.
We will not pay any theft claim under Section 1, ‘Loss or Damage’ If a theft or attempted theft of your
motorcycle happens within the proximity of your home address or the garaging address when your
motorcycle is not in a locked garage or building.

Quote:
what is the definition in these cases? Does the insurer have to provide one in writing? Is there an industry-accepted definition of garage? Is there any legal precedent on what constitutes a garage and what not?

There is no text book definition. I'm sure they'll be willing to provide you with one if it's necessary. No. No.

You know full well that what you've got isn't what they're meaning by "garage". Laughing

You've got private off street parking but it's not a garage.
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Londoner2015
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PostPosted: 18:49 - 10 Mar 2017    Post subject: Reply with quote

Every insurance call centre minion I ever spoke to has always said that, if the garage is shared with other people, they view it as 'public road'.
Words are cheap, and I don't care much about words which are not backed up by anything in writing - hence my question.

Does anyone have a similar situation?

To be clear, one of my neighbours could access the garage and cut the 20 kg Pragmasis chain which ties my motorcycle to the pushbike rack...
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Dave V4
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PostPosted: 18:50 - 10 Mar 2017    Post subject: Reply with quote

waffles wrote:
I thought that a garage was defined as a brick or concrete building that is either next to the property or part of the property, it can be locked and only the homeowner/person renting has access to it. So what you have described pretty much fits the bill.

Surely if they won't accept your garage as a garage, the bike is still secured on the property. Its not on the road at all.

all I know is when I took out my insurance if the bike wasn't garaged, the only other classifications are parked on drive or parked on street.
pretty shitty terms as mine is locked in a purpose built wooden shed behind an brick built outhouse that can only be accessed by going through a upvc door with a 5 point locking system, yet I'm still expected in insurance terms to state its parked on my drive.
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Ste
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PostPosted: 18:51 - 10 Mar 2017    Post subject: Reply with quote

Londoner2015 wrote:
To be clear, one of my neighbours could access the garage and cut the 20 kg Pragmasis chain which ties my motorcycle to the pushbike rack...

Exactly. What you've got is not a garage.
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Londoner2015
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PostPosted: 18:52 - 10 Mar 2017    Post subject: Reply with quote

Ste wrote:
Lots of insurers talk about private garages. Clauses about the garage being locked don't work if the garage is communal and used by 14 other addresses.

Is this something they told you over the phone or which you found in writing somewhere? The text you quoted says nothing about an exact definition of garage.

Let me rephrase the question: does anyone know of any insurer which accepts a garage like mine?
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Pete.
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PostPosted: 18:54 - 10 Mar 2017    Post subject: Reply with quote

Londoner2015 wrote:

Words are cheap,


Not when 'this conversation is recorded'.
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Ste
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PostPosted: 19:03 - 10 Mar 2017    Post subject: Reply with quote

Londoner2015 wrote:
Ste wrote:
Lots of insurers talk about private garages. Clauses about the garage being locked don't work if the garage is communal and used by 14 other addresses.

Is this something they told you over the phone or which you found in writing somewhere? The text you quoted says nothing about an exact definition of garage.

Clauses about the garage being locked literally don't work if the garage is communal and used by 14 other address because as you've said yourself, your neighbours could access the garage and cut the 20 kg Pragmasis chain.

You know full well that a shared garage (otherwise known as a car park) isn't what is meant when they're asking if your bike will be garaged.

Londoner2015 wrote:
Let me rephrase the question: does anyone know of any insurer which accepts a garage like mine?

Don't get hung up on that one point, there's no benefit in restricting yourself or wasting your time trying to find ones that consider your parking arrangements to mean that your bike is garaged.
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Dave V4
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PostPosted: 19:04 - 10 Mar 2017    Post subject: Reply with quote

Pete. wrote:
Londoner2015 wrote:

Words are cheap,


Not when 'this conversation is recorded'.

that can also work both ways, I used to have a ZZR1200, changed halfway through my term to a Tuono v4, back then my current insurers refused to carry out the remainder of my term on the Tuono due to it "being kept on my drive" I phoned and complained and explained where it was exactly kept overnight. The operator spoke to the underwriters and got it approved, bonus for me as for the last 2 years the renewal has came back quite competitive so saves me the ballache of explaining over and over
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Dave V4
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PostPosted: 19:08 - 10 Mar 2017    Post subject: Reply with quote

Londoner2015 wrote:
Ste wrote:
Lots of insurers talk about private garages. Clauses about the garage being locked don't work if the garage is communal and used by 14 other addresses.


Let me rephrase the question: does anyone know of any insurer which accepts a garage like mine?

best answer available is to go old school and phone individual companies and hope you can get one of them to accept your situation
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arry
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PostPosted: 19:09 - 10 Mar 2017    Post subject: Reply with quote

Londoner2015 wrote:
Every insurance call centre minion I ever spoke to has always said that, if the garage is shared with other people, they view it as 'public road'.


It's not going to be that minion that's making a decision on your policy liability. It's going to be someone like me. Lube up, sunshine Laughing

Like everything here, the devil is in the detail. CIDRA reforms of some 5 years ago now changed the landscape. Insurers used to rely on Material Fact, which effectively means the insured is supposed to declare anything they believe is material to the insurer and the insurer will then assess whether or not it is; the law reform found that to be a pretty unfair position and I agree - as insurers, they're the one with the knowledge, not the client, so if you want to know something - ask the bloody question.

Nowadays it comes down to this. Is the question clear, fair and not misleading? If the answer to that is no, then the insured is protected by god up on high.

If the question they're asking is 'where is your vehicle parked overnight' and you answer 'Locked Garage' then:
a) if THEY define garage then make sure their definition of garage is tight to what your actual parking area is. So if they define it as 'a properly built building capable of being locked' then, err, it is. If they don't define it then refer to the English Dictionary definition - is it that?
b) is your shared garage capable of being locked? If yes, then therefore, you're not lying.

Any pushback later down the line you'd say simply:
I answered the question to the best of my knowledge. The area I park my bike is a garage, it's capable of being locked. You did not ask if it was for my or my household's sole use.
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arry
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PostPosted: 19:15 - 10 Mar 2017    Post subject: Reply with quote

Dave V4 wrote:

best answer available is to go old school and phone individual companies and hope you can get one of them to accept your situation


It will make little as no odds. It's a commoditised product sold by salespersons working for an intermediary, not by underwriters who are actually providing the material capital for the certificate of liability to be issued. Them 'accepting' your situation by saying 'seems reasonable' does not an underwriting decision make.

Once the claim is in, it'll go to a Loss Adjuster. LA will go to home address and check the disclosures on the proposal against what they're seeing. It'll stand out like sore thumb.

It'll get referred to the underwriters - Chantelle at the call centre won't be called for her advice. The underwriters will decide whether the situation they're presented with is a) a material non-disclosure and b) the impact of that, ie whether there's inducement into contract. If a) is yes, and b) is that they have been tricked into accepting cover and wouldn't have done otherwise - then policy voided. If a) is yes but b) is they'd still have accepted it, but at different terms, then you'll get a proportional remedy settlement - simply put, they'll deduct the same % you've underpaid on your premium from your claim settlement. So if premium was £90 and should have been £100, you'll get £2700 back on your £3000 bike representing a 10% reduction.

But like I say, is the question clear fair and not misleading? Is the answer you're giving deliberately or recklessly incorrect? No to either of those and POW, right in the kisser to the insurer.
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Rogerborg
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PostPosted: 20:20 - 10 Mar 2017    Post subject: Reply with quote

Is it wrong that I rate arry as Informative before I even read his posts?

Eh, I don't care, it feels right.
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Nobby the Bastard
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PostPosted: 21:06 - 10 Mar 2017    Post subject: Reply with quote

Rogerborg wrote:
Is it wrong that I rate arry as Informative before I even read his posts?

Eh, I don't care, it feels right.


That's two Insightfuls I've had to give him in 1 thread, god damnit...
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Rogue_Shadow
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PostPosted: 21:12 - 10 Mar 2017    Post subject: Reply with quote

Had the same trouble with my "shed" which is better protected than most block garages. However alot of insurers define a garage as a block or brick structure.

Yet
Some insurers allow you to select the option "other" from which you can select "private property".

From dummy quotes I did with Carole Nash and Bike insurer (I think), the difference between Garage / private property was huge compared to "parked on public road" or similar.

Select Otherpal Thumbs Up
The quote ahead is cheaper
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Commuter_Tim
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PostPosted: 21:55 - 10 Mar 2017    Post subject: Reply with quote

Nobby the Bastard wrote:
Rogerborg wrote:
Is it wrong that I rate arry as Informative before I even read his posts?

Eh, I don't care, it feels right.


That's two Insightfuls I've had to give him in 1 thread, god damnit...


Occasionally I do have to fault BCF for not having an "Insightformative" Karma option.
I guess I at least learned another way that the old insurance scam can screw you over.
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Last edited by Commuter_Tim on 21:57 - 10 Mar 2017; edited 1 time in total
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andyscooter
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PostPosted: 21:57 - 10 Mar 2017    Post subject: Reply with quote

Question asked
Is it garaged

Fuck what they class as a garage

Its in a garage as far as you know

If question iis is it in a communal garage the yes you have to say

What they don't know won't hurt them
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Azoth
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PostPosted: 22:36 - 10 Mar 2017    Post subject: Reply with quote

When you fill out those online forms, it asks you if the bike is kept in a locked garage. It doesn't ask whether it's in a brick- or block-enclosed, private garage to which only you have access. It just uses the word 'garage'.

The OED says:

"1. (noun) A building for housing a motor vehicle or vehicles.
‘a detached house with an integral garage’
‘a bus garage’


1.1 An establishment which sells fuel or which repairs and sells motor vehicles.

2. (mass noun) A style of unpolished, energetic rock music associated with suburban amateur bands.
as modifier ‘a garage band’

3. (mass noun) A form of dance music incorporating elements of drum and bass, house music, and soul, characterized by a rhythm in which the second and fourth beats of the bar are omitted."


Common sense, really. The OED is an authority on what words mean. All sorts of qualifiers can be added to "garage", e.g. "bus" or "integral". But did the insurance company use them in their form? No.

What they really want is an easy way to argue the toss if a claim were made. The ideal "garage" for them is in rural Oxfordshire, in an obscure village, on a forgotten smallholding. Or any sort of garage that's impenetrable to thieves, unknown to thieves, etc. Or in some non-place of a suburb like the stockbroker belt, or leafy Orpington. Not OP's garage. The sort of garage OP describes paints a picture of a nasty new 'housing development' somewhere in Luton or Feltham, where your bike is most definitely going to be targeted by thieves at some point. There are probably heroin addicts living rough in and around the communal bins there. But that's not OP's problem. A shared garage is still a garage, and is it locked? Yes.
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Last edited by Azoth on 22:50 - 10 Mar 2017; edited 1 time in total
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trevoriv
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PostPosted: 22:40 - 10 Mar 2017    Post subject: Reply with quote

Insurance Act 101.

Just watch for the phrase "your private garage" or similar in the policy wording as I've seen it here and there and that might have you on slightly trickier ground.
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Pete.
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PostPosted: 23:17 - 10 Mar 2017    Post subject: Reply with quote

Rogue_Shadow wrote:
Had the same trouble with my "shed" which is better protected than most block garages. However alot of insurers define a garage as a block or brick structure.


Yeah I had that when I went to insure my turbo bike. They insisted that it had to be a 'solid structure' to comply, and wanted to know what it was made of. I said 'Steel' and apparently it wasn't good enough. In the end I sent them a photo of it, along with the details of where it came from - it was a plant room I had dismantled on top of Brixton tube station. If it was secure enough to keep the nerks in Brixton out, it should be good enough for anything.
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matto
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PostPosted: 17:59 - 11 Mar 2017    Post subject: Reply with quote

As a slight aside, I have a garage attached to my house which is locked and very secure, it is where I keep my bikes pretty much all the time they are at my home.

However I insure them as being parked on the driveway as if I was to insure them as being locked in the garage and one was stolen when I was cleaning it, or had parked up on the driveway for 2mins to grab something from inside then my insurance wouldn't pay out if it was supposed to be in the garage.
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