You were following a powerline trail that looked like everyone rode on it. You hit a washout and rolled. The sheriff showed up, verified you were okay, and then handed you a citation for Criminal Trespassing because that trail crosses private land. You file a claim, and the adjuster asks for the police report. Two days later: Claim Denied.
Key Takeaways
- Illegal Acts Exclusion: Almost all policies exclude coverage for damage/liability arising out of “criminal acts.” Trespassing is a crime.
- The “Permissive Use” Requirement: You must have permission to be on the land. If you are poaching a trail, you are uninsured.
- Ignorance is not a defense: “I didn’t see the No Trespassing sign” does not reinstate your coverage if the police cite you.
- Liability is gone too: If you hit a hiker while trespassing, your insurance will likely refuse to defend you in court.
The “Why” (The Trap): The Scope of Permission
Insurers do not want to underwrite the risk of you running from cops or riding in prohibited areas.
The Clause:
“We do not cover loss or damage arising out of the use of a vehicle in any business, or in any illegal trade or transportation, or while committing a crime.”
In 2026, GPS data makes this easy for them. The adjuster pulls your coordinates. “Sir, our map shows this is private land owned by the logging company. Did you have written permission?”
The Investigation: Policy Wording
I reviewed the exclusions on three major powersports policies.
Markel
- Language: Explicitly excludes coverage if the vehicle is used without the owner’s permission (theft) OR if the operator is using the vehicle in a manner prohibited by law.
- Analysis: A trespassing ticket is the smoking gun they need to deny.
Safeco
- Language: slightly vaguer. They focus on “Felony” acts. Simple trespassing is a misdemeanor.
- Analysis: You might have a fighting chance here if the charge is only an infraction, but it’s a gamble.
Comparison Table: Where are you Covered?
| Location | Coverage Status | Notes |
| State/National Park Trail | Covered | Provided you are on the marked trail. |
| Private Off-Road Park | Covered | You paid entry fee = Permission. |
| Powerlines / Railroad Tracks | DENIED | Almost always trespassing. |
| Your Own Property | Covered | Safest place. |
[IMAGE: Screenshot of a denial letter highlighting “Criminal Acts Exclusion” next to a photo of a trespassing ticket]
Step-by-Step Action Plan
- Don’t Get Ticketed: If you crash, and the landowner is cool, try to avoid police involvement. The police report citing “Trespassing” is the nail in the coffin.
- Verify the Map: Use apps like OnX Offroad. It clearly marks public vs. private land. “I thought it was public” works better if you can show a map error.
- Check the “Crime” Definition: If denied, read your policy. Does it say “Crime” (usually felony) or “Illegal Act” (broad)? If it says Crime, and you got a civil infraction, appeal the denial.
- Hire a Traffic Lawyer: Fight the trespassing ticket. If you get it dismissed or reduced to a non-criminal warning, you can likely get your insurance payout.
FAQ
What if I accidentally went off the trail?
If it’s a genuine accident (you slid off the trail onto private land), you are covered. You didn’t intend to trespass.
Does this apply to riding on the street illegally?
Yes. If your ATV is not street legal and you crash on a highway where it is banned, they can deny you for “illegal use.”