Liability for stolen bicycle: What now?


Questioner

Am I liable now that a bicycle that the bicycle dealer lent me has been stolen? He wants me to pay for the loss and has already drawn up an invoice. My own bike has been in repair for 2 weeks. The bike was locked on/along the public road, where bikes of colleagues are also parked.

Lawyer

In principle, you are liable for the loss and the bicycle dealer can rightly claim the costs against you. I advise you to report the theft and hand over the report to the bicycle dealer. He may be able to get the bicycle reimbursed through his insurance. For further information or assistance, please feel free to contact me directly without any obligation.

Questioner

Ir/Madam, According to the bicycle dealer, the bicycle is not insured. According to him, he cannot insure bicycles (which are also used for rental). In my case, no verbal or written agreement/arrangement was made regarding use or liability. Can the damage possibly be recovered under an AVP or home contents insurance policy that I have taken out myself? Thank you in advance for your response

Lawyer

It is possible that the trader does not have insurance, he chooses to do so. The fact is that you are liable for the loss of the bike because it is his property. This damage cannot be recovered on the AVP, nor on the contents insurance. I therefore fear that you will have to compensate the damage.

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