Liability for stolen bicycle: Will you receive compensation?


Questioner

Good afternoon, A friend took my spare bike keys without asking (and without permission) and used my bike twice while I was on vacation for three weeks. I live with two housemates who are also friends with this friend, and they gave him permission without asking me. If he had asked me, he most likely would have gotten permission. However, upon returning from vacation, I discovered my bike had been stolen. My boyfriend claims he locked both the bike and the chain lock, although he's not 100% sure he locked the chain lock as well. The regular lock was indeed locked, since I have the key, but I doubt he used the chain lock. I live in an apartment building, and there are many bikes without chain locks that could be more easily seized. I'm wondering if I can get compensation for this? Perhaps through liability insurance, for example? I personally had no say in this process, but now I am the victim of it. I look forward to receiving your response.

Questioner

Your friend used an item you own without your permission. I assume you also didn't give permission for others to grant your friend a right of use on your behalf. In principle, this constitutes unlawful conduct. Damage has also been suffered as a result, since the bicycle is gone. Your damage consists of the value of the bicycle. You could hold your friend liable for this. Their third-party liability insurance might cover the damage, but your friend should check this themselves and, if necessary, submit the claim to the insurance company for processing. If your damage amounts to €500 or more, you may be eligible for legal aid.

Questioner

Your friend allegedly used the bicycle unlawfully and failed to lock it. If you hold this friend liable for unlawful use, their insurance will not pay out because the use was unlawful. Did this friend even admit liability? And did your housemates acknowledge that they touched your belongings without your permission? How could your property have been so unsecured? I also find the actions of your housemates remarkable.

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