The Chainlink

A very polite response from CTA's claim department

After an almost four weeks of waiting and several phone calls to follow up, I finally received a response from CTA's claim department about my second stolen bike in the CTA station. Just as I had expected, they are not liable for my lost even though the bike was stolen inside the building in front of the info booth. Here's the full letter from Patrick for your amusement...

RE: D/A: 7-30-09
L/A: Ashland at Orange Line

Dear Mr. Tang:

Please be advised that we have made a careful investigation of your claim against the Chicago Transit Authority, and have concluded that your damages resulted from the criminal acts of a third party. The CTA takes all crimes incidents very seriously. We continue to re-evaluate our security measures, as well as examine ways to improve the system. It is through these means that we hope to achieve our goal of providing on time, safe, clean and friendly service.

Although, the CTA is both sadden and outraged by the incidents, we cannot compensate you. By law, the Chicago Transit Authority is not liable for damages or losses caused by the criminal acts of a third party. However, the State of Illinois has established a program to compensate innocent victims of violent crimes or their dependents. You may be eligible for this program.

Information on the Crime Victims Compensation Act can be obtained from the following source:
Crime Victim Services Division
Officer of the Illinois Attorney General
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601
(312)814-2581 or (800)228-3368



Very truly yours,
Patrick C. Harmon
Claims Coordinator

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Replies to This Discussion

Permalink Reply by Vilda on August 31, 2009 at 10:16pm
Have you spoken to a lawyer? If it was inside and on there property there are certain liability laws that should apply assuming you reported the loss immediately upon realizing the bike was stolen.
Permalink Reply by Tank-Ridin' Ryan on August 31, 2009 at 10:19pm
Bummer about the stolen bike, but it's nice that he included the info about the Crime Victims Compensation Act instead just telling you they aren't liable.
Permalink Reply by HuanKiat Tang on August 31, 2009 at 10:24pm
I did not speak to a lawyer. It seems the CTA property is protected from such claim?

The day when I received a call from the claim department, the lady did gave me the same number to the crime victim services division. I called and the department said that a lost bike is not under their responsibility.

Not that I have high expectation from the beginning anyway.
Permalink Reply by Vilda on August 31, 2009 at 10:59pm
I say speak to a lawyer. Worse would be they aren't liable. But if a crime happens on there property it would seem they have some culpability. They have security present that was likely in on the deal. They have security camera's (that I'm sure were not reviewed and by now are recorded over.)

It would seem to be implied that the bike rack is safer because it's inside.
Permalink Reply by Vilda on August 31, 2009 at 11:19pm
Still inside with security present. We have lawyers on here. Guys?
Permalink Reply by HuanKiat Tang on August 31, 2009 at 11:49pm
The bike stands are inside the building. The bike was lock and it was facing the glass window of the info booth where there should be CTA employee sitting in there whenever the train runs.

Not to offend anyone, but from most of my observation, the employees sitting in the booth are either chatting on the phone, dozing off, or just not paying attention to the surrounding.
Permalink Reply by Ian on September 1, 2009 at 12:25am
I do criminal defense (Felony, Misdemeanor, traffic, DUI, ordinance violations...), and I hope YOU don't need me even if you find your bike with an unfamiliar rider. My guess is that this is not covered by the property owner - they are almost certainly not liable for crimes that are committed on or near their property and municipal corporations have even greater immunity- you could talk to a civil litigator. Even if there is a claim to pursue, an attorney would typically take this on a contingency and unless the bike was very valuable, wouldn't be worth a professional's time. This is why the courts make small claims (under $10k) court accessible to non-attorneys. Do you have any other insurance or credit card benefits which may fully or partially reimburse you? Good luck and better locks!

Gabe said:
Still inside with security present. We have lawyers on here. Guys?
Permalink Reply by Mike Schwab on September 1, 2009 at 2:13am
I assume the parking garage liability laws only apply if they collect a fee for the privilege of parking?

Ian said:
I do criminal defense (Felony, Misdemeanor, traffic, DUI, ordinance violations...), and I hope YOU don't need me even if you find your bike with an unfamiliar rider. My guess is that this is not covered by the property owner - they are almost certainly not liable for crimes that are committed on or near their property and municipal corporations have even greater immunity- you could talk to a civil litigator. Even if there is a claim to pursue, an attorney would typically take this on a contingency and unless the bike was very valuable, wouldn't be worth a professional's time. This is why the courts make small claims (under $10k) court accessible to non-attorneys. Do you have any other insurance or credit card benefits which may fully or partially reimburse you? Good luck and better locks!

Gabe said:
Still inside with security present. We have lawyers on here. Guys?
Permalink Reply by Ian on September 1, 2009 at 7:58am
Look at the back of your parking ticket in a garage someday - they usually assert that you are waiving their liability, too.

Mike Schwab said:
I assume the parking garage liability laws only apply if they collect a fee for the privilege of parking?
Permalink Reply by Vilda on September 1, 2009 at 8:09am
I LOVE Securitas ;-) LOVE THEM! ;-) They are like a fungus that keeps spreading. Most of 'em get the job cause someone they know already works there and the only qualification they have is that they took the test for a PERC card. One of my favorite stories is that they are encouraged to not step in and do anything when something actually happens because of the PERC card. They accept liability if they were to do something wrong (the card makes them liable). So they will stand there and notify someone that something is happening but not do anything. I've seen pedestrians walking by whatever crime is occurring do more then the guard. But I digress.

I know about the garage waiver but I've also seen that one defeated because it was a contract made without a lawyer present. Sorry Huan, I think the value thing will kill ya unless you wanna take the CTA to small claims court. ;-(
Permalink Reply by yaj 7.4 on September 1, 2009 at 8:47am
Crime Victim's Comp is only for victims of violent crimes. The Attorney General's office administers (whole different division than where I work) and our website states: "The Illinois Crime Victim Compensation Program provides direct financial assistance to innocent victims of violent crime to reimburse out-of-pocket expenses related to the crime." So, one might get reimbursement for expenses from getting smacked on the back of the head with a 2x4 while riding but will not for bike theft from CTA station.
Permalink Reply by HuanKiat Tang on September 1, 2009 at 9:27am
Get paid by just sitting there and do nothing? Anyone has a connection for me to get that kind of job?

As I mentioned earlier, I did not have high expectation to be eligible for a claim from the beginning. I did not even know CTA has a claim department until they called me on my phone. Who filed the claim on my behalf? I am thinking either the ladies work in the station or it was filed through the complaint I submitted.

It's a long shot, but at least now I know for sure CTA is not liable for anything, because the law said so.

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