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BICYCLISTS NEED STRONG INSURANCE COVERAGE
 Buying
strong insurance coverage is a love-hate
relationship. I often wonder if it is worth it
to spend the money on skyrocketing insurance
premiums. I hate giving my hard earned money to
Insurance Corporations, only to have them later
litigate deserving bicycle injury victim’s
cases. I see it all too often.
By contrast, if you are severely injured while
bicycling (in a car or jogging) and the careless
or hit and run driver is uninsured
or underinsured
(hereafter referred to as UM/UIM), you face an
avoidable financial nightmare. It is one of the
risks of riding, driving, or jogging on public
roads. The problem is medical care is expensive,
and the severely injured (or their families) are
often left maimed or dead without a financial
cushion.
A solution that many bicyclists are unaware
of is to carry strong
automobile uninsured/underinsured (UM/UIM)
motorist coverage policy limits,
because it will protect you if hit by a
car while on your bicycle (in a car or jogging).
This seems counter intuitive - that a bicycle
injury is covered by your auto insurance
carrier. But, it is true. Moreover, your auto
insurance policy even extends to
injuries you sustain as a pedestrian
crossing an intersection (i.e. or if you are jogging
on the roadway).
In other words, you don’t have to be in
an automobile to recover from your auto
insurance policy – you could be riding
your bicycle or walking across the street,
even if your insurance policy language limits
your recovery only to an injury sustained while
riding in a car. To hold otherwise is against
public policy, because it excludes what
is allowed in the CA Insurance Code.
Our local Court of Appeal said
it best by explaining that, UM/UIM
benefits flow to you whether you are “…in a
motor vehicle, on a horse, motorcycle, bicycle,
or stilts when injured by an uninsured or
underinsured motorist…” (See CA
Insurance Code Section 11580.2).
Should your insurance carrier deny
coverage, you may have a bad
faith claim against them and right to
attorneys fees to enforce your lawful rights
guaranteed you when you pay premiums. (See
Brandt v. Superior Court (1985) 37 Cal 813.)
So, I recommend you spend a few extra dollars
per year and increase your UM/UIM
motorist coverage (and medical payments
provision) of your automobile policy
to $500,000.00, and ideally
with a “back up”$1,000,000.00
“umbrella” policy.
In conclusion, I have to admit, when an injured
client brings in an insurance policy declaration
page outlining strong limits of coverage, I love
Insurance Companies - because not only will I
get paid if I have to litigate the case, but the
injured athlete will often receive a settlement
commensurate with their serious injuries –
regardless of the careless or hit and run
driver’s uninsured or underinsured coverage
status.
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