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  1. #1
    A T G S
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    hit by a car - driver had no license, insurance question

    So yesterday I was hit by a car while riding. I was going west bound, they were coming from the other direction, they made a left turn without seeing me and I ran right into the passenger side of the car. I filed a report and got checked out at the ER (luckily no serious body injuries). The officer told me, however, that the driver of the car does not have a driver's license (and therefore insurance), she was young 20's. The owner of the car is her 68 year old grandmother.

    I filed an insurance claim, but apparently my auto insurance company (nationwide) does not cover bike damage as it is not a motor vehicle. They are investigating to see if the 68 year old owner has insurance. My question is, if the owner has no insurance either, am I basically SOL in terms of getting repairs/replacement on the bike (as well as my ER visit)? I know this is sometimes covered by renters insurance, though I do not have any (will be getting it after this ordeal).

    I know a lot of this is state-by-state. I just want to know what I should reasonably expect to happen

  2. #2
    Senior Member Bathwater's Avatar
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    It would appear Nationwide is not on your side.
    Axe Murderer

  3. #3
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    You will have to take the driver to small claims court to recoup any money

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    Quote Originally Posted by zrossiter View Post
    They are investigating to see if the 68 year old owner has insurance. My question is, if the owner has no insurance either, am I basically SOL in terms of getting repairs/replacement on the bike (as well as my ER visit)? I know this is sometimes covered by renters insurance, though I do not have any (will be getting it after this ordeal).

    I know a lot of this is state-by-state. I just want to know what I should reasonably expect to happen
    Uninsured / under-insured motorist coverage will take care of you and your bike. Basically it stands in for the responsible driver's non-existent insurance.

    As the name implies it only applies if the other driver doesn't have enough insurance to pay for your damages.

    In some states it's optional so you may not have it.

  5. #5
    Behind EVERYone!!! baj32161's Avatar
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    I believe (I am no attorney) that your other option would be to sue the driver and, perhaps but i am not sure, the owner of the vehicle personally. How much you would be able to get out of them is another matter. But you should be able to seek some recompense. I could be wrong though.

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    Quote Originally Posted by Drew Eckhardt View Post
    Uninsured / under-insured motorist coverage will take care of you and your bike. Basically it stands in for the responsible driver's non-existent insurance.

    As the name implies it only applies if the other driver doesn't have enough insurance to pay for your damages.

    In some states it's optional so you may not have it.
    This in general will not cover your bike unless you specifically have insurance for it.

  7. #7
    A T G S
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    Quote Originally Posted by Bathwater View Post
    It would appear Nationwide is not on your side.
    lol

    Quote Originally Posted by redlude97 View Post
    This in general will not cover your bike unless you specifically have insurance for it.
    Right, I don't have any bike-specific policy. I am really hoping the owner has insurance, if not I am thinking going to court would prove to be even more of a headache in time and money

  8. #8
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    BTW your personal injury protection should cover the medical costs, just not an bike damage

  9. #9
    A T G S
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    Quote Originally Posted by redlude97 View Post
    BTW your personal injury protection should cover the medical costs, just not an bike damage
    Is this part of my auto insurance? I have health insurance myself, but it's a high deductible plan so I'd basically be paying out of pocket for that if I can't get anything elsewhere

  10. #10
    bicycle snobs stay away. casio04330's Avatar
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    Sue the car owner...
    From now on i will add anyone who tries to troll me to my ignore list without replys

  11. #11
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    im thinking I wouldn't see money for a very long time from someone with no license or insurance...probably just garnished wages.

    I'll have to look into this more if/when things are found out about the owner

  12. #12
    Senior Member RPK79's Avatar
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    Quote Originally Posted by zrossiter View Post
    im thinking I wouldn't see money for a very long time from someone with no license or insurance...probably just garnished wages.
    You don't know that. They might have a softhearted parent that will pay off their mistakes for them (so they don't learn from them). Suing probably won't take too much of your time/money. You can likely file for $50 (which they'll pay after you win) and will have to take a day or two off of work (maybe only a few hours). If it takes them years to repay at least you get repaid.

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    Quote Originally Posted by redlude97 View Post
    This in general will not cover your bike unless you specifically have insurance for it.
    Generally uninsured motorist insurance will cover your bike, or more precisely any positive difference between its depreciated value and your deductible.

    It's just like liability insurance for you, except it applies to damage done by other people who were too stupid or negligent to buy their own insurance.

    Your liability policy gives a per-incident property damage maximum ($100K or whatever) without specifying what property - totaling someone's car, running over their roses, or parking in their living room.

    Other coverages like comprehensive aren't going to help.

  14. #14
    A T G S
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    Quote Originally Posted by RPK79 View Post
    You don't know that. They might have a softhearted parent that will pay off their mistakes for them (so they don't learn from them). Suing probably won't take too much of your time/money. You can likely file for $50 (which they'll pay after you win) and will have to take a day or two off of work (maybe only a few hours). If it takes them years to repay at least you get repaid.
    That's definitely true, worth exploring or at least threatening a lawsuit.

    This is in cleveland, however, and she didnt seem like the type of girl with softhearted parents or an extra few thousand laying around

  15. #15
    Junior Member Campoli's Avatar
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    On the positive side, at least you did not sustain any serious injuries!

  16. #16
    Senior Member Nachoman's Avatar
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    Quote Originally Posted by zrossiter View Post
    I filed an insurance claim, but apparently my auto insurance company (nationwide) does not cover bike damage as it is not a motor vehicle.
    First thing you have to determine is if you do indeed have uninsured motorist coverage. If you do, read the words of the policy to see if what they are saying is true. I doubt it. In California, most every uninsured motorist policy that I've read will cover the victim even if they were on a bike, a pedestrian, on a scooter, roller skates, it doesn't matter. If you do not have UM coverage then you need to look to the driver and the registered owner. Here in California, a registered owner, even though not at all at fault for an accident, would still bear some statutory responsibility for the negligent acts of a permissive driver.
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  17. #17
    Senior Member puckett129's Avatar
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    Sue the car's owner. If she knowingly lent the car to her granddaughter who does not have a license she's holding the bag.

  18. #18
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    check with your homeowners insurance.

  19. #19
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    checked with nationwide, I have uninsured motorist for personal injuries only...so my hospital bill would most likely be covered no matter what (by mine if not theirs), bike not so much.

    If there is no insurance I am thinking small claims court, or hopefully scaring them into at least some money to get things fixed

  20. #20
    Beer >> Sanity bikerjp's Avatar
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    Quote Originally Posted by zrossiter View Post
    That's definitely true, worth exploring or at least threatening a lawsuit.

    This is in cleveland, however, and she didnt seem like the type of girl with softhearted parents or an extra few thousand laying around
    Maybe the judge will decree she has to be your butler. Definitely take her to court. People need to be held responsible for being an idiot. No license, no insurance, no business driving.
    Climbs like a stone, descends like two...

  21. #21
    Senior Member RPK79's Avatar
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    Might want to consider a free consult with a lawyer, just to check options.

  22. #22
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    Quote Originally Posted by Nachoman View Post
    Here in California, a registered owner, even though not at all at fault for an accident, would still bear some statutory responsibility for the negligent acts of a permissive driver.
    +1. Talk to them both and let them know you are going to go after both of them if someone doesn't pony up. Assuming grandma has insurance, her carrier my be none to happy to learn that she's letting unlicensed drivers use it. She might face a rate increase. That's a motivator to compensate you without getting the insurance company invloved. If they refuse, make sure you sue them both in the same action.

  23. #23
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    Quote Originally Posted by zrossiter View Post
    If there is no insurance I am thinking small claims court, or hopefully scaring them into at least some money to get things fixed
    See my post #22 , which crosseed with yours.

  24. #24
    bt
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    sue the car.

  25. #25
    Senior Member RPK79's Avatar
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    Quote Originally Posted by bt View Post
    sue the car.
    Sue the company that made the car. That's where the money is!

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