Canmy insurance company withhold payment for my “totaled” motorcycle because I don’t have a motorcycle endorsement?

UPDATED: Jul 20, 2010

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Canmy insurance company withhold payment for my “totaled” motorcycle because I don’t have a motorcycle endorsement?

Recently while I was at work someone backed into my parked motorcycle causing it to be totaled. After filing a claim with his insurance company they informed me that they would not release the funds because I don’t have a motorcycle endorsement thus, “The bike shouldn’t have been there.”

Asked on July 20, 2010 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It depends entirely on the insurance policy. Review the terms of your (presumably automotive) insurance. What vehicles  are covered under it? Those vehicles, the insurer needs to pay for; but vehicles not on the insurance, it does not. Or if it's some other insurance you're looking to claim under (e.g. homeowners), again, check the policy. It's not uncommon for homeowner's insurance to require specific endorsements (and usually an increase in premiums) for either certain types of property or for property over a certain value. (Jewelery and high-end electronics often requires this). Insurance is a contract; the insurer must honor what's in the contract, but does not need to provide any coverage not in the policy. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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