the Canadian Federal government created a new classification for power assisted bicycles. If you might the guidelines set out, then you do not fall into a broader classification of motorized vehicles that require insurance or drivers licence.
My understanding is, the provinces are not allowed to outlaw power assisted bicycles merely by classifying it as an unregistered or uninsured motorvehicle. To be more acurate, they are not allowed to lump it in as just another illegal motorized vehicle.
My understanding is, there needs to be new laws specifically outlawing power assisted bicycles. The provinces haven't done this. And, although it is within their power, it is not expected to happen.
My approach for your insurance company is to point out the new federal classification for power assisted bicycles. Then point out that you policy does not have language in it to deal with power assisted bicycles.
And, ultimately, I'd file a small claims court case against them, and let a judge decide this one for you. I think you could be a precident setting case, so it could get alot of media coverage. My guess is they may decide to settle, just so a precidence is not set.
If I was to file a court case, there's several point I would cover:
1 - the federal classification
2 - the absense of language in their policy
3 - refusal to pay, I would claim that as breach of contract, and ask for full re-imbursement including the deducttable that you would normally have to pay, and also ask for you premiums, too.
certain questions that I would prepare for the insurance company would be very fundamental. For example: " Upon the implementation of the new federal laws, have you taken all legal and reasonable steps to inform me that you are not recognizing the federally classified 'power assisted bikes' as a bicycle?"
and another peice of advice, I would refrain from the dozens of other arguements that you might want to mention. Challenge them with a rock solid point, and don't take NO for an answer, Many disputes can be won by being the person that wears the other person down.
Last edited by SeizeTech; 09-17-08 at 08:12 PM.