I fell asleep on the subway with my electric scooter between my legs. I woke up, and it was gone. I filed a police report for “Theft from Person.” My renters insurance denied it, claiming “Mysterious Disappearance” because I didn’t witness the theft and there was no “forced entry.”
Key Takeaways
- Theft vs. Losing It: Insurance covers theft (a crime). It does not cover you losing your stuff. If you were asleep, they argue you “lost” it or abandoned it.
- Proof of Threat: To prove theft on public transit without a witness, you usually need a police report that classifies it as “Larceny.”
- The “Portable Electronics” Limit: Some policies group e-scooters with laptops/phones, subject to a $1,500 limit.
- Subway Liability: The transit authority is almost never liable for theft of your property.
The “Why” (Mysterious Disappearance)
“We do not cover loss where the only evidence is a shortage of inventory or the item is missing without explanation.”
If you can’t say “A guy grabbed it,” they can say “Maybe you left it on the platform.”
The Investigation: The Commuter Risk
I asked adjusters about subway theft.
1. Lemonade
- Outcome: Strict. If you don’t have a police report confirming theft, they deny it as lost property.
2. Specialty Insurance (Oyster)
- Outcome: Better. They cover theft “anywhere.” But they still require a police report. They are less likely to use the “mysterious disappearance” loophole if the report says “Stolen on train.”
3. Apple AirTag Evidence
- Outcome: Helpful. If you can show the scooter moving to a different part of the city, that proves it was taken, not just left behind.
Comparison Table
| Scenario | Claim Type | Likelihood of Payout |
| Mugged at Knifepoint | Robbery | 100% |
| Grabbed while awake | Larceny | High |
| Stolen while asleep | Larceny/Loss | Medium (Need Police Report) |
| Forgot on Train | Lost Property | Zero |
Step-by-Step Action Plan
- File the Police Report ASAP: Do not say “I think I lost it.” Say “It was stolen while I was incapacitated/asleep.”
- Check Cameras: Ask the transit authority for footage. They rarely give it to you, but they will give it to the police.
- Loop the Strap: When riding the subway, put the scooter strap around your leg or arm. If they try to take it, you will wake up.
FAQ
Is this covered by my credit card?
Maybe. Some cards cover theft of new items (under 90 days old). Check your “Purchase Protection” benefits.
[IMAGE: Photo of an electric scooter on a subway floor with a rider sleeping nearby]