ACCIDENT AND INSURANCE BENEFITS

[MouthPiece]

I wasn't sure how to title this thread, nor was I certain that it should fall in this sub forum. However, I did feel that the following information is very important to those who have their spyder (any motorvehicle for that matter), have insurance and have had an accident.

As many of you know I had an accident (spyder totalled) almost three months ago. I also had injuries. I did NOT have what is called uninsured motorist coverage in my insurance policy. However, I was not aware of this fact, and this is the important point that I will be trying to make in this thread. There was no issue of fault. It was clearly the fault of the "other person", AND her insurance company admitted up front to this point. In fact it was very soon after the accident occurred that the insurance company admitted to the "limits of their policy" in order to resolve or settle the case. This is where the glaring inequities came into play.

Her insurance policy was only for $35,000.00 in personal injury damages. Because I did not have uninsured motorist coverage and because my medical bills were going to be exorbitant, I found myself potentially being in a position of having to pay a substantial portion of my doctors' bills. I truly felt this was an "unfair", if you will, position to be placed in especially since I did nothing to cause this accident. The key is that unbeknownst to me I did not have what is called "uninsured motorist coverage" which would have paid all my medical bills. Consequently, I would have been compensated fully ($35,000.00) for the pain, suffering and ordeal that I've had to go through for the past three months and in the future, without having anything deducted for medical bills. I hope I'm making sense.

My lawyer asked me if I had uninsured motorist coverage, and my response was that I wasn't sure. I'll stop here and simply say that I really urge all riders to carry uninsured or sometimes called underinsured motor insurance. My lawyer asked me if I recalled ever signing a waiver form or rejection form stating that I did NOT want uninsured motorcycle insurance. I couldn't answer the question, but I told him that I did not think that I had. Now the "kicker".

In Florida, an individual who purchases insurance must specifically waive either in writing or through a recorded oral response that they specifically waive uninsured/underinsured motorcycle coverage. This is set up specifically by statute. My lawyer then made demand of my insurance company to provide documentation that I had waived. They could NOT.

The bottom line is that all of my medical bills will be covered by my insurance company under the uninsured/underinsured coverage which to this day I can't say that I waived coverage, especially because I have it with my automobiles.

I've written this lengthy summation to provide information to others out there that MAY (and God I hope not) get into an accident, find out that they don't have uninsured/underinsured motorcycle coverage AND that the faulting parties' insurance is so small that it would probably not cover for all the medical bills, much less any pain and suffering. Khudos to my lawyer who handled my case.

Chris

[johnnyrocket]

I wasn't sure how to title this thread, nor was I certain that it should fall in this sub forum. However, I did feel that the following information is very important to those who have their spyder (any motorvehicle for that matter), have insurance and have had an accident.

As many of you know I had an accident (spyder totalled) almost three months ago. I also had injuries. I did NOT have what is called uninsured motorist coverage in my insurance policy. However, I was not aware of this fact, and this is the important point that I will be trying to make in this thread. There was no issue of fault. It was clearly the fault of the "other person", AND her insurance company admitted up front to this point. In fact it was very soon after the accident occurred that the insurance company admitted to the "limits of their policy" in order to resolve or settle the case. This is where the glaring inequities came into play.

Her insurance policy was only for $35,000.00 in personal injury damages. Because I did not have uninsured motorist coverage and because my medical bills were going to be exorbitant, I found myself potentially being in a position of having to pay a substantial portion of my doctors' bills. I truly felt this was an "unfair", if you will, position to be placed in especially since I did nothing to cause this accident. The key is that unbeknownst to me I did not have what is called "uninsured motorist coverage" which would have paid all my medical bills. Consequently, I would have been compensated fully ($35,000.00) for the pain, suffering and ordeal that I've had to go through for the past three months and in the future, without having anything deducted for medical bills. I hope I'm making sense.

My lawyer asked me if I had uninsured motorist coverage, and my response was that I wasn't sure. I'll stop here and simply say that I really urge all riders to carry uninsured or sometimes called underinsured motor insurance. My lawyer asked me if I recalled ever signing a waiver form or rejection form stating that I did NOT want uninsured motorcycle insurance. I couldn't answer the question, but I told him that I did not think that I had. Now the "kicker".

In Florida, an individual who purchases insurance must specifically waive either in writing or through a recorded oral response that they specifically waive uninsured/underinsured motorcycle coverage. This is set up specifically by statute. My lawyer then made demand of my insurance company to provide documentation that I had waived. They could NOT.

The bottom line is that all of my medical bills will be covered by my insurance company under the uninsured/underinsured coverage which to this day I can't say that I waived coverage, especially because I have it with my automobiles.

I've written this lengthy summation to provide information to others out there that MAY (and God I hope not) get into an accident, find out that they don't have uninsured/underinsured motorcycle coverage AND that the faulting parties' insurance is so small that it would probably not cover for all the medical bills, much less any pain and suffering. Khudos to my lawyer who handled my case.

Chris

Sure am glad you were covered. This is a good thing to know. How is your recovery going? Have you gotten another Spyder yet? Hope all is well.

[ARtraveler]

Thank you for the update. Glad there is a positive outcome.

[Tango]

I sure hope you sue the Bit**! She may not have any money, or assets. But get a lien on her. If she ever comes into money, it's yours. If she was living at home with Mommy and Daddy, you can go after them. Hope your injuries aren't permanent ones. And you heal quickly and hop back on. Tom

[DLewis]

Glad that most everything is getting back to normal for you. Thanks for the GREAT info on the insurance. I have checked my policies, and I do have it. Now that's piece of mind, and one less thing to worry about.

[fastfraser]

Up here in the great white north ( Ontario anyway ) uninsured insurance is mandatory . But thanks for the heads-up and I'm glad it worked out for you .

[BLUEKNIGHT911]

Great post, Vermont same as Canada mandatory uninsured coverage ..no if's, an's, or but's about it.....Mike.....

[Havasu Rider]

I have rode with several lawyers who all said that if you were not carrying uninsured/underinsured insurance you are stupid. They said just what others have said on this post and it is good advice.

[Motavar]

Good write-up.
Hope you're hanging in there.

[Grandpa Spyder]

It is mandatory here in Va. also. I am glad it worked out for you and glad you had a good lawyer. They are not all created equal.

[fispyder]

Mandatory in SC. glad you are doing better and you got the insurance company to take care of the extra cost.