Bicycle liability

Bicycle liability

I have a few bicycles I would like to make available to my guests but unfortunately, I live in the United States of Lawsuits. I see the Host Protection Insurance coverage does not cover vehicle accidents. I can't find the actual text of the program.

 

Making my bicycles available would significantly raise guest satisfaction. I'm scared of liability issues though. What I want is a situation where the guest assumes their own liability for use of the bicycles, or perhaps insurance coverage to protect me from liability arrising from my generosity. It would be nice if the Host Guarantee covers damage to the bicycles, but I'm willing to accept the risk of bike theft. The much greater concern is some crazy lawsuit arising from my guests biking around town, which may or may not be covered by the standard Host Protection Insurance. This concern is preventing me from offering bicycles to my guests, which is a shame because the bikes are just sitting unused while the guests have to walk past them on the way to the public transit station.

 

Is there a solution?

 

Joe in Berkeley, California

 

38 Replies 38

Hi, @Tyler4, do you have copies of the contract you would be willing to share? I'm also a California host and would like to offer bicycles. Thank you!

Hey Tyler,

 

Can I see a copy of your contract? I want to offer bikes, but would like some protection in case of any accidents. 

 

Thanks,

Joshua

Tyler- that is very helpful to know.  Not sure if you shared the contract you have- can you pls?

 

Thanks.

 Spinlister.com is no longer in business. Sorry to see, they did not make it. Perhaps Airbnb can try to enter this niche?

i just looked at the contract online

What about just having the guests sign a liability waiver. Having them assume all responsibility for themselves on the bikes and for the bikes. I know in Malibu I rented bikes for a additional fee at my airbnb  rental and they had people just agree to X price if bicycle was stolen or lost or damaged 

Tyler, could you please share your contract with me. I have thought of a similar solution. Maybe even let the guest accept the terms with an Airbnb message.

With Spinlister, it feels like there is a risk that people who are not my Airbnb guests will request to rent my bike, but I am not near my Airbnb house and it will be in the garage, how to manage that? Just decline such requests?

@Tyler4  I hate to break it to you:  those releases of liability are generally unenforceable in most circumstances where you would have liability.   At best,  they scare away potential litigants,   but they're rarely useful in Court.

Also,  it sounds like your insurance agent is engaging in the unauthorized practice of law?

Barbara794
Level 1
Villafranca Piemonte, Italy

Hello! I knew about Spinlister this morning and I was so excited to list my bicycles then one hour ago I have discovered that it is not longer in business, big disapponited :((

Does someone rent his bikes at his guests in Italy? which kind of insurance do I need?

Does someone know another website where I can list my bikes and rented to my guest in Italy? 

Thanks for help!

Been there, done that - offering Bikes are a big mistake.  Regardless of waiver, you can be sued for negligence - even nonsense things like claims the brakes were not calabrated, chain not oiled, etc. This is why AirBnB and most 3rd party insurance refuse to cover bikes. 3rd party bike insurance will not cover your negligence (read the fine print) - guess what your insurance company will say if a big claim is made against you.  Someone gets hurt bad, there is a very  real chance they can take everything from you. Here in Colorado, the state passed laws specifically to shield the outdoor recreational industry from lawsuits - and the law suits are still flying. Way too many speculative, commision only lawyers out there. Beyond risk, you have to maintain the bikes, check them after every use and pay for their upkeep. If you do not, you get a bad review. We live in Boulder CO, a low crime area, but unless the guest knows how to lock up the bike tight, the bike can get stolen, or components like the seat or tire(s) get taken, stranding your guest, costing you money and a potential  bad review.  Guest gets a flat tire, walks away, you got to retreve the bike and fix it, while praying that your guest  remembered where they left the bike. Guest gets drunk downtown and loses the bike lock key - fun times! We all want to be "The Cool Host," but bikes are a huge pain in the butt: they are expensive, time consuming, increase the chances for a bad review, and could literally cost you everything you own. I would bet serious money that very, very few quests choose a host based on bike availbility.

Victoria567
Level 10
Scotland, United Kingdom

Hi @Joe8

If in doubt, leave it out!

 

 

 

Robin4
Level 10
Mount Barker, Australia

@Joan-and-Keith1 @Victoria567

You are right Joan, or Keith, letting guests use anything of yours beyond the insured space is a risk. Waivers may not stand up in law. If you wish to let the guest use an article of yours in a public space you must have in writting that the insurer accepts liabilty cover for the specific article.

Let me digress and tell you a story........

 
 
Three years and four months ago my daughter purchased a 'NEW' Holden Captiva from Col Crawford Holden of Brookvale on Sydney's northern beaches.
She was talked into accepting what she thought was an extended factory warranty at the time of sale....how wrong she was!
EXTENDED FACTORY WARRANTIES DO NOT EXIST!! 
What an extended warranty is, it is an agreement with an insurance company to accept liability for some aspects of the manufacture of a new (or used) vehicle after the car builders (or statutory authorities) component of the warranty has expired. And the coverage offered under these extended agreements is severely limited. It is not a warranty, it is an adjudicated decision by an insurance company to possibly cover reimbursement in some situations.
The problem is, the new car purchaser thinks they are being covered by the vehicle manufacturer, and nowhere in the sales agreement was it pointed out that an insurance company (Allianz) would be involved in covering this particular vehicle at any point over the 5 year warranty period.

Three years and two months (70,000 Kms after purchase this vehicle which had been log book serviced since new by certified Holden dealers, started to mix engine coolant with engine oil, an error code kept coming up on the dash panel and after being told by two Holden dealers nothing was wrong with the vehicle, it was returned to the place of purchase, Col Crawford Holden. 
It took them two weeks and four days to diagnose that there was in fact a problem with this engine and that it had a 'faulty' (their words) head gasket. Subsequent investigation by NRMA personnel has confirmed that this is a known issue with this particular Holden vehicle model.
By now, a pattern was forming here! Holden dealers did not want to get involved because they knew the vehicle was out of factory warranty, and that extended warranties did not apply to the fault this vehicle had developed. They understood that if they got involved, a fight over payment for their services would ensure so they all fobbed the problem off and simply said it was normal for this type of vehicle to loose engine coolant. 
Extended warranty insurers will only offer coverage on things that are not likely to break down! 
The owner, my daughter Kate, was eventually told by Col Crawford Holden that there would be a substantial cost ($2,000) involved to replace this head gasket as ALLIANZ, the insurer, do not cover Seals or Gaskets as part of their insurance risk. 
The vehicle was sitting in the premises of Col Crawford Holden for 6 weeks in an un-repaired state because nobody wants to take responsibility for a faulty product. Eventually statuary authorities were involved and a repair took place that has not fixed the problem...same error code keeps coming up!
 
Insurance is a minefield, we all want cheaper policies but, we can't burn the candle at both ends......the cheaper the premium, the less the coverage. Make sure you know what you are covered for!
Bicycles in a public space are a receipe for disaster!
 
Cheers.....Rob
Jim-and-Ashley0
Level 1
Sunnyvale, CA

Thank you for asking this Joe. I offered bicycles at my rental in Colorado and had guests say they chose my place just because of the bikes. I'm thinking about offering them in California but hesitant due to the frequent lawsuits. It's makes me sad 😞

@Jim-and-Ashley0 :  do you have any data that suggests that litigation occurs more in California than Colorado,  or that the US is particularly litigious?  (Hint:  the US litigation rate has gone down steadily for two centuries,  and is now about 1/4th was it was in the 1820s.).