['[Uninsured motorist] coverage is portable: The insured and family members [***49] * * * are insured no matter where they are injured. They are insured when injured in an owned vehicle named in the policy, in an owned vehicle not named in the policy, in an unowned vehicle, on a motorcycle, on a bicycle, whether afoot or on horseback or even on a pogo stick'
Ohayon v. Safeco Ins. Co., 91 Ohio St. 3d 474
You are an insured under your policy because you are a named insured, and there's coverage for the incident because you were hit by a motor vehicle driven by an uninsured motorist (assuming that she in fact does not have coverage).
See also.; Weinberg v. Doe, 129 Ohio App. 3d 586
McDonald v. Motorists Mut. Ins. Co., 2006-Ohio-1843; 2006 Ohio App. LEXIS 1685
You could fall off a cliff and die.
You could get lost and die.
You could hit a tree and die.
OR YOU COULD STAY HOME AND FALL OFF THE COUCH AND DIE.
My worry is that if my insurance isn't on the hook for anything (which hopefully they are at least the medical), then they have no real motivation to go after the owner/driver of the vehicle
Insurance companies are monsters.
Even if the owner has insurance, it wouldn't cover damages caused by an unlicensed driver IMO. You (or a lawyer) could tell the owner you'll sue her unless you reach a satisfactory arrangement, maybe she prefers that to being sued.
Just got a call, well 2 calls and some emails.
1. The insurance Rep that denied my medical claims sent me (on my request) my denial letter and coverage report for uninsured auto coverage. The denial letter lists reasons that I would be covered, and the fourth one down is 'as pedestrians hit by any motor vehicle or trailer'. I am anxiously awaiting the call from her, I would love for her to tell me I am not a vehicle, nor a pedestrian....
2. My claims adjuster (different from #1 ) called and let me know he got in touch with the owner. She said she has insurance but would like to pay out of pocket so her rates don't go up (which they'll obviously go way up for the non-DL driver). She wants me to call her, which I tried and am waiting for a call back. I do not want to go down this route, though, as I have no idea how much my medical bills are at this time (nor do I know if I have some hidden injury, though I highly doubt it).
If you talk directly to her, I'd mention a fairly high number as acceptable if she wants to avoid bring her insurance in (assuming that's even an option as there should be legal issues here as well with the unlicensed driver). I'm just pulling this out of the air, but if you asked for $10K to call it even (as this would cover any current and future medical bills - or maybe not - and bike damage) and she pays great. If not, then the insurance gets involved and you make sure you get everything covered and sign nothing until it is. Personally, I think she deserves to have her rates go up. My guess is she is hoping to get you to accept $500 or something and avoid the legal issues.
Climbs like a stone, descends like two...
I am friends with the person that works at my shop and can only imagine him trying to describe the structural integrity of a CF fork or why a set of wheels costs more than those on the car
If the grandmother has auto insurance then you can file a claim with her insurance company. You will not get your bike repaired/replaced but you can get a settlement at some point to cover your medical expenses, missed work, other damages, etc. Was the driver cited for any traffic offenses? If so, then that will help to prove fault and you are covered. It her insurance co drags their feet or the case lingers, file a suit before two years to protect your case.
BTW, Nationwide gave me that same "not a motor vehicle" bull****" and that is exactly wrong. Speak to someone higher up or get an attorney as it took mine about 5 minutes to get that straightened out and Nationwide to start covering my medical expenses right away. Looks like Ohio is a "tort" state, PA is no-fault so there is a difference there.
EDIT: Sorry, saw some good responses after I had posted. I was so incensed at the denial part, I replied too quickly.
The denial lady just called me back
her: 'you are not covered as your are a pedestrian, since you were riding a bicycle'
....me: 'so I am not a pedestrian, but I am not a vehicle.....what am I, tell me what I am?'
her: 'well you are a person riding a bike'
I am waiting on a call from her boss
The bike does not even factor into their equations. I have been through it along with other riders that I know. Even if you file a claim and successfully negotiate your case to get a settlement, the bike will not be addressed or fixed or covered. Maybe if you have an attorney and were riding a $10,000 bike, he would add that into the demand but that's about all it will be. It's not like a car or motorcycle in that they take care of it after repair estimate are received. Insurance companies would probably save some money in suits/claims if they offered to replace a bicycle that has been hit. Most riders I know would happily take that and quickly settle the claim if there were no significant injuries and a replacement bike was offered.
BTW, you are a pedestrian if you are riding a bike but you have to follow traffic laws so it's a weird spot. Nationwide is still 100% incorrect to deny your medical claims.
EDIT: misread your post the first time...my friend who works at a shop told me he has seen it numerous times where the bike was 100% covered. My insurance claim adjuster said it would most likely be covered as well if they do, in fact, have coverage. We will see I suppose. The denial boss is "out of the office" for the day. If she tells me the same 'not a pedestrian' thing though, I really dont know what I will do. Hopefully it shouldn't even matter, if there is insurance to go through, but its just completely stupid.
Last edited by zrossiter; 05-13-14 at 01:02 PM.
Hopefully Nationwide will come around on the medical coverage, but if the other party does have insurance they'll want to end up collecting any settlement they give you from that insurance company (depending on the fault vs. no-fault nature of insurance in your state). If you still end up having trouble collecting from either insurance company you could escalate things to your state insurance commission which should set them straight on this silly claim that you would be covered as a pedestrian but not as a cyclist.
In my case, I was hit by a driver whose insurance policy (Progressive) had lapsed, rendering him uninsured. I had to sue my insurance company (Progressive) because they tried to deny my property and personal injury claims on the uninsured/underinsured motorist portion of my policy. Make no mistake, representatives from your insurance company will flat out lie to you (they did in my case) to prevent them from expending money on you.
It sounds like you and your bike received less damage than my situation, but suffice it to say that with good legal representation I settled with my insurance company for a SIZEABLE sum.
Everyone here can armchair quarterback you all day long, but if you don't get a legal consultation, you're selling yourself short.
'08 Trek Madone 5.5 w/ full Sram RED