I was waiting at a crosswalk with my board next to me. A guy, seemingly agitated, yelled at me and kicked my board into the intersection. A bus ran over it instantly. The guy ran off. It wasn’t a theft, and it wasn’t a crash. It was malicious damage. I called my insurer, hoping this weird scenario was covered.
Key Takeaways
- Vandalism is a Named Peril: Most renters and homeowners policies explicitly cover “Vandalism and Malicious Mischief.”
- The Police Report is Critical: You cannot claim vandalism without a police report. It turns a “he said, she said” into a crime.
- Subrogation: If you catch the guy (or police do), the insurance company pays you and then sues him to get their money back.
- The “Motor Vehicle” Hurdle (Again): Even though it was vandalism, if your policy excludes motor vehicles, they won’t pay. You need the specialty policy or a liberal renters policy.
The “Why” (Malicious Mischief)
“We cover direct physical loss caused by… Vandalism or Malicious Mischief.”
However, the “Property Not Covered” section (Motor Vehicles) overrides the “Perils Insured Against” section. You still need a policy that accepts PEVs.
The Investigation: Is it covered?
I presented this scenario to claims agents.
1. State Farm (Renters)
- Response: “Because it is a motorized vehicle, we do not cover it, regardless of whether it was stolen, crashed, or kicked.”
2. Oyster / Sundays (Specialty)
- Response: Covered. This falls under “Damage” or “Vandalism.” Since the board was destroyed (total loss), they pay the agreed value minus deductible.
3. Auto Insurance (If the Bus hit it)
- Response: The bus company might be liable if they could have stopped, but usually, if an object is thrown in front of them, they aren’t at fault. The vandal is at fault.
Comparison Table
| Scenario | Renters Policy | Specialty PEV Policy |
| Kicked and broken | No (Motor Vehicle Excl.) | Yes |
| Keyed/Graffitied | No | Yes (Subject to deductible) |
| Intentionally damaged by YOU | No (Fraud) | No |
Step-by-Step Action Plan
- Call 911/Police: You need a report for “Criminal Damage to Property.”
- Gather Witnesses: Did anyone see the guy kick it? Get their phone number.
- Save the Pieces: Do not throw away the crushed board. The insurance adjuster needs to see the wreckage to declare it a total loss.
FAQ
What if a car hit it after he kicked it?
The proximate cause is the kick (Vandalism). The impact is the result. It should be a vandalism claim.
[IMAGE: Photo of a crushed electric skateboard wheel and truck on asphalt]