Motorcycle tip-over -- Is my insurance company screwing me over?

[Cruzian]

What is the name of your state (only U.S. law)? CA

My motorcycle was parked on flat asphalt in from of the home I am renting. The area is used for parking cars, and has a partially completed carport over the spot.

Last week the pavement under the side-stand failed, causing the bike to fall over and suffer quite a bit of cosmetic, and some mechanical damage (it is not currently ridable).

I wasn't sure if this might be a homeowners insurance issue, renters insurance issue or vehicle insurance. My insurance company convinced me it was an auto-claim, so I began the process of filing it.

Today they informed me this would be an 'At Fault' accident for not properly parking the bike. I completely disagree. Not owning any ground penetrating radar to verify the pavement where I parked was constructed to any particular specification, I'm at a loss to understand how parking on a level, paved area, normally used for parking vehicles.. I was somehow negligent.

Perhaps I am, but I disagree. I do not think there is any action I could have taken that would have resulted in a different outcome, beyond just not parking at the house I'm renting.

Am I way off base? Should I contact a local lawyer (and is there a particular specialty I should seek), or should I let them fix/replace the bike and take the hit on my insurance record.

 

[justalayman]

How did the asphalt fail? Is it hot where you are? If so the asphalt did not fail. It acted like asphalt which softens when it gets hot (every bike rider knows this)

As to actions to prevent this; if it was due to soft asphalt, the "fix"'is to carry a piece of plate steel (the bigger the better) to put your kickstand on to spread the weight over a larger area.

 

[OHRoadwarrior]

As a rider, you should know blacktop is often inconsistent at specific points, to handle the focused weight of a motorcycle. If it happened in a parking lot away from your home, you might have an argument. On your own property, you should know the characteristics of the drive and it is more likely someone knocked the bike over than the pavement collapsed in an area that you knew was sufficiently capable of handling the weight. Otherwise, everyone who dumped their bike while it was parked, would have the same or a similar argument as you.

 

[Cruzian]

As a rider, you should know blacktop is often inconsistent at specific points, to handle the focused weight of a motorcycle.

Agreed. Having ridden for well over 100,000 miles in 30 years across 6 western states, I've done A LOT of parking. I've used a variety of things to the bike upright on unstable surfaces. This surface, under a partially completed car port, appeared completely stable.

If it happened in a parking lot away from your home, you might have an argument. On your own property, you should know the characteristics of the drive and it is more likely someone knocked the bike over than the pavement collapsed in an area that you knew was sufficiently capable of handling the weight. Otherwise, everyone who dumped their bike while it was parked, would have the same or a similar argument as you.

If I owned this house, and I knew how the asphalt drive was constructed, I would agree.

However, this is a rental. The homes here are mostly owner built. We are renters and have lived here only a few months.The likelihood of anyone tipping it over is zero. I was at home when it happened. The properly is in a private land conservancy away from the general population, at the end of a long private drive. There was nobody else here.

I have posted a reply yesterday with some photos to provide some detail, however it says the reply is on hold for moderation.

 

[Cruzian]

How did the asphalt fail? Is it hot where you are? If so the asphalt did not fail. It acted like asphalt which softens when it gets hot (every bike rider knows this)

A "slot" opened up and the kick-stand fell into the hole, allowing the bike to tip over. It looks like there is no way to reference an image, or I would post it. Vehicle was parked on flat level asphalt, along with my cars, in an area designated as a car port.

It was not hot that day. I have a personal weather station and pulled up the temperature record for that day. Average temperature was 61F, and the high at the time the bike fell was 71F. Area mostly covered in shade by a tree during that time of the day.

My contention, save for owning some ground penetrating radar to survey the underlayment of any parking surface, is that it was designed for parking and perfectly suitable for a motorcycle on a Winter day. Bike was in gear (it didn't roll).

As to actions to prevent this; if it was due to soft asphalt, the "fix"'is to carry a piece of plate steel (the bigger the better) to put your kickstand on to spread the weight over a larger area.

When out riding in the spring and summer, I do have a device such as that carried in a tank bag for surfaces that are suspect. I did not suspect this pavement was insufficiently constructed or maintained for such use.

 

[justalayman]

You can't post pics. I think you can post a link to a hosting website though where you have the pics available.

The problem is; the drive appears to work just fine to the intended purpose; parking. As you said, not having a ground penetrating radar you can't prove the material is somehow defective. Without that I would put your odds of winning a suit near zero.

 

[OHRoadwarrior]

Then it is not your home. It is one you rent and the other rule of expecting the blacktop to fail is to be expected.

 

[Cruzian]

You can't post pics. I think you can post a link to a hosting website though where you have the pics available.

I have the photos visible on my blog, however any time I include a link, my message goes into the moderator's penalty box.. :/ (I had to remove it to re-post this reply). Bummer.

The problem is; the drive appears to work just fine to the intended purpose; parking. As you said, not having a ground penetrating radar you can't prove the material is somehow defective. Without that I would put your odds of winning a suit near zero.

The good news here is that the homeowners sent out a guy to check it, and his testing tool basically went through the pavement under it's own weight. He said it looked like it was improperly constructed. I didn't hire him so I won't be seeing the report/estimate he's sending to the landlords.

Then it is not your home. It is one you rent and the other rule of expecting the blacktop to fail is to be expected.

I don't understand what you mean by "the other rule". Are you saying that since this is a rental, I should expect the pavement to fail at any time? That is an interesting concept; I have no reasonable expectation that the paved area is safe? If I was to step on the pavement, and fall through injuring my foot because it gave way, I would be considered negligent / at fault for walking on pavement that I was not aware was constructed or maintained in a sub-standard way?

 

[OHRoadwarrior]

Are you 2500 pounds? So that your "footprint" puts that much pressure on the blacktop?

 

[Cruzian]

Are you 2500 pounds? So that your "footprint" puts that much pressure on the blacktop?

And that is relevant to my scenario in what way?

 

[OHRoadwarrior]

The force exhibited per sq inch from the bikes kickstand onto the blacktop.

 

[ecmst12]

You should start by requesting a full copy of your policy and reviewing their definition of "collision".

 

[Cruzian]

Working through this mess..

You should start by requesting a full copy of your policy and reviewing their definition of "collision".

Hi Scott,

Thanks! I have been trying to do that for almost a week now.. "suddenly" they are not returning my calls or answering my e-mails. Not very impressed at this point, beyond the fact I totally disagree with what they are saying. I'm going to keep trying!

The force exhibited per sq inch from the bikes kickstand onto the blacktop.

Still to sure how my body weight is a factor if I can stand on sections of that blacktop and it flexes… clearly sub-standard. Did I walk around and test every square inch of the blacktop before I rented the place? No. Why would I suspect it was not constructed properly.

Moving to CA has taught me a number of interesting things… once of which is now I always perform a title search on the property before renting.. there are plenty of people here trying to rent other people's property… and property in foreclosure being rented out (which happened to us.. Bank evicted us 5 months after moving in.. but that's another long legal story).

At this point the motorcycle is going to be totaled (damage from the fall-over is in excess of $9000 Italian bikes… nothings cheap on those things. Since this is going to most likely be a total loss I certainly don't want that on my insurance record if at all possible. It's not like I parked it on a steep hill in mud during a storm… :/