I pulled into a service garage and forgot that my bike was on top. It damaged the bike and my car. No signs posted about clearance. Who’s at fault?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 28, 2012

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Insurance Question from Denver, CO

Asked on 08/28/2012

I pulled into a service garage and forgot that my bike was on top. It damaged the bike and my car. No signs posted about clearance. Who’s at fault? NULL

Answer given on September 02, 2012

In insurance you as a driver are expected to show reasonable care and caution while driving your vehicle. Even though the garage did not show any clearance you should have realized that the height of the entry was well below the height of your car and bike. Based on this, the accident will be considered your fault.Your car will be covered under the collision portion of your policy, less your deductible. The damage to the bike will be covered under your homeowner insurance as a personal property loss and a separate deductible will apply to the damages to the bike. If you damaged the building or entryway, your liability coverage under the auto insurance will pay for those damages. There is no deductible for damage to the other property. If the total damage exceeds a certaion limit under the auto insurance then you could be surcharged on your insurance for the accident. Usually this amount is between $750 to $1,000.

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