Originally Posted by
antmeeks
Well, I don't know about your uninsured motorist policy, and I'm not a lawyer, but my agent told me that uninsured motorist coverage ONLY covers you when hit by an uninsured motorist while in your covered motor vehicle.
She said she's never heard of another insurance company providing any variation of that coverage. Maybe she's lying, ignorant, or both. IDK. I'm not an insurance agent, and again, not a lawyer.
And to get back to the OP, even if he had uninsured motorist coverage, and if it did hypothetically cover him when hit by an uninsured motorist while on his bike, it wouldn't help him in his situation.
The driver that hit him did have insurance, but he failed to retain it (according to him). Please explain exactly how his auto insurance company can, or would be motivated to, do anything about his situation? He's not covered!
1) the language in the statute and the cases is clear. Read, what I quoted above; there is no requirement to be in the covered vehicle.Your agent apparently hasn't read the law.
As for it actually being written into policies, the Georgia statute provides, no policy can be issued without it.
2) It's not just my opinion. At the risk of giving free advertising to plaintiff's lawyers"
http://www.murphylawyer.com/faqs/i-w...at-kind-of.cfm
(Georgia UIM covers bicycle accidents)
http://www.metacafe.com/watch/576587..._to_a_cyclist/
(why UIM is critical for cyclists.)
http://www.shanesmithlaw.com/faqs/wh...-i-need-it.cfm
("Uninsured motorist coverage is recommended for everyone. Additionally, it covers you if you’re walking along the road and struck by an uninsured driver in a motor vehicle. It can cover your children if they’re injured by an uninsured driver while riding their bicycles. I would always recommend uninsured motorist insurance to my clients.")
Personally, i'd get a new agent.
And how this applies to the OP is this: If the driver of the other vehicle cannot be identified, that can be the same as being uninsured for the purpose of the UIM statute and policy. Thus the potential of a UIM claim will motivate the OP's insurer to assist him in possibly locating the other driver.