Anthony King

Two Mondays ago I was hit from behind in a pretty bad wreck. Amazingly (the car that hit me was going 45), I only had four broken bones and shouldn't have any permanent damage. The doctor says I will be out of work for a total of six weeks.

I received some potential bad news today about the insurance (or lack thereof) of the driver that hit me. Could be insurance company tricks (they're saying the driver was excluded on the policy on the vehicle), but we'll see. If he wasn't explicitly excluded they'll have to pay. If he was, my only recourse will be to go after the driver and owner of the car.

My advice to all cyclists, especially car-free cyclists, is to check out what kind of insurance you have while you are riding. Check with your auto insurance people if you have a car because I've heard there is some overlap. If you don't own a car, or only have liability on your car, check into some bike insurance. I do not own a car, so I have no hope of this being covered under uninsured motorist coverage.

Most of us can probably be repsonsible for any property damage we might be at fault for while riding.

But we should admit there is some--though tiny--chance we could be at fault for someone else's personal injury. We'd probably have to hit a pedestrian, but it is possible, and we should be prepared to be financially responsible for any injuries that are our fault.

Far more likely is getting hit by an uninsured driver who is at fault. Or a driver who flees the scene.

Check out what kind of coverage you have (or don't have) for medical bills, lost wages, and property loss for these situations.

You don't want to be in a situation where the only source you can turn to take case of your wrecked bike, medical bills and lost wages is a person who isn't even responsible enough to get car insurance. Or--in the case of the all too common hit and run driver--no one.

This was something I had thought about and feared previously but hadn't acted on--it might prove to be a very expensive instance of procrastination.

Guest

Uuugh. Sorry to hear about that. I've thought about the same thing- getting hit and not having insurance. I've got a PPO for my health insurance, so I know I have my medical coverage covered. I have life insurance through my company, so I'm also satisfied with that. I also took the precaution of getting supplemental insurance to cover where the PPO cuts off. AFLAC is great- I even have insurance that will pay my salary if I end up being unable to work.

Somehow, I just get the feeling that either I will get hit and end up being seriously injured for a prologed period of time, or I will end up being a fatality somewhere down the line. So I'm at least covered for both circumstances.

Koffee

jamesdenver

If their giving you games I'd collect the medical info, and go straight to the DRIVER with a civil suit. If it's under a certain amount it may be easy enough to do via small claims. If it's more why not hire a reputable attorney to prepare it. I've prepped a small claims suit and found it very easy, and took about 3-5 hours of time total.

That way, you're making HIM argue with his insurance company about paying you. You shouldn't have to deal with HIS company, you should just be compensated period.

Most importantly glad you will be ok

LandLuger

Man, that stinks! Mend quickly, and thanks for considering the rest of us by posting.

Anthony King

Just spotted a typo in my title, which I can't change, maybe a mod can switch the "the" to "these"

STEEKER

Naw you are charmed only scrapes for you nothing serious

Roody

I hope you recover quickly, Anthony.

Like koffee, I am in the fortunate minority who have adequate medical insurance, and short- and long-term disability insurance for lost wages. I was in a bike accident almost two years ago with multiple injuries. I was in the hospital for two nights, and ended up having surgery to reduce a wrist fracture. My total medical bills were well over $10,000. Lost wages for five months were many thousands more. The pain and suffering were significant, but of course, no insurance compensates for that.

Now, almost 2 years later, my health insurance company is requesting "more information" about the accident. They want to know if a car was involved, or if it ocurred on private property. Obviously, they'd like to find somebody to sue to recover their losses.

Orikal

I work as a personal lines underwriter for an insurance company, and I've seen plenty of cases where an excluded driver in the household operates a vehicle, injures (or kills) someone, and the insurance company ends up paying. Exclusion forms tend to not hold up very well in court. They're typically just something to scare the insured into not allowing that person to operate their vehicle.

Either way you'll need a good lawyer.

Good luck and please let us know what happens.

Slow Train

I've got medical insurance through work that would, hopefully, cover most of the medical expenses. My condo owner's insurance should cover any property damage (e.g. bike). If I'm unable to return to work I'll have to rely on my accumulated sick leave until long term disability kicks in at 6 months.

After medical insurance itself the next type of coverage, I think, most people need to get is disability.

Guest

Doh!

That's one thing I don't have yet- renters insurance just in case my bike gets stolen. I do plan to get it sometime soon. DC is a theiving cesspool, and I just don't feel comfortable leaving my bike outside, even if it's double locked.

Koffee

wahoonc

Koffee,
From someone that has been there...make sure you get a separate rider for your bikes. When my Bob Jackson full tour bike was stolen the renter's insurance only paid me about $250 after deductible on a bike that was worth almost $3000 replacement cost. They did the old bikes are toys and depreciation route. Learned my lesson. Now all my expensive bikes, computers and collectibles are insured for replacement value as opposed to ACV (actual cash value) it costs a bit more but in the long run if you have a loss it will save you money. Another thing I have done is the bulk of the bikes I put at risk of theft ( beaters, commuters, and cruisers) are all worth under $600. If one gets gone I am going to be pissed but, the loss can be absorbed.

Aaron

DogBoy

For all you car-free folks, there is an auto insurance policy called a non-owner policy. This will cover you if you ever drive someone elses vehicle (or a rental), and it allows you to purchase uninsured motorists coverage. Some companies write it, others don't, and still others write it at outrageous rates. Still, its worth at least looking into to protect you in these situations.

Guest

Yeah, that's what I did for my last insurance policy when I was in Chicago. My bikes, paintings, and other more valuable objects all got included in a separate rider. I just wish I had it when my wheel got stolen a few weeks back. That totally bit.

Koffee

wahoonc

Koffee,
Dunno how your policies are written or what the deductibles are...but most of mine are either $500 or $1000 deductible (to keep the overall policy cost lower) which doesn't do a darn bit of good on something like a wheel, or a less expensive bike. So I usually keep at least that much $ available for quick replacement when something gets stolen. FWIW I lost about $4000 worth of tools in Hurricane Katrina. The insurance did pay for them but they weren't too happy about it. I suspect that they will try and write an exclusion into my next policy...Insurance is a racket, and several times I have considered just taking out catastrophic loss insurance and sucking up the difference. Besides it is just stuff The insurance industry makes the odds in Vegas look pretty good sometimes.

Aaron

DogBoy

Most companies have standard forms, and changing them is quite difficult to do for personal policies. If they weren't happy about it and don't want to cover the potential tool loss again they will just non-renew you, not modify your form.

As someone who works in the insurance industry, I just cringe when I hear this kind of comment.

[soapbox]Insurance is not a gamble, it is a transfer of risk. You (a general you, not you wahoonc) can handle most types of losses that occur, but a 100k - 200k total loss to your home or due to liability in a car accident could wipe you out. Most years you have no losses, but when you do have a loss....it has the potential to be very ugly. The insurance company on the other hand is insuring many people with independent risk of loss...So you don't have a loss this year, but someone else does. By grouping all of those independent losses together, the total amount of loss becomes fairly stable (at least for auto and non-storm property coverages). So what is insurance? You trade the uncertainty of a very large loss for consistent, small, known "loss" amounts in the form of premiums. You end up (eventually) paying your fair share of the loss, plus the expenses and profit to the company. Without insurance you don't have to pay the expenses and profit to the company, but you have to bear the uncertainty of the when and how much of a loss.[/soapbox]

Okay, I feel better

wahoonc

DogBoy,
I probably shouldn't have used the word "racket" but it sure comes to mind when having to deal with insurance adjusters, salvage, etc. I am still battling my insurance company over a year later over a total loss of a business. The loss was not our fault and we had no control. The building next to ours was torched, and we suffered massive water and smoke damage. The insurance company has played so many games that it looks like Let's Make a Deal. We still have an outstanding claim for loss of revenue and business interuption. Needless to say we won't be using that company again based on our claim resolution experience. and I seriously doubt they would want to write us a new policy anyway.

Aaron

Guest

That depends on how much your wheel is worth, dear.

Koffee

bragi

I've dealt with reluctant insurance companies in the past, and here's what I'd do:

1. Call your state's agency that oversees insurance companies, and try to talk to a person in that agency who deals directly with insurance companies. Call that person and chat with them, if possible, and get advice.

2. Then call the insurance company that represents the owner of the car, and say that you've been talking to the state's insurance commission, and then mention the person's name that you've been talking to. Chances are they'll recognize the name.

I did this when a "questionably" insured driver hit me, and the car owner's insurance company mailed me a check within 48 hours. It just wasn't worth it for them to deal with my state's insurance commission. Just a suggestion...

Slow Train

For some strange reason I can't locate my condo policy to see exactly what it covers so I'll have to make a call to the agent in the morning. I do know that it is typical for them to exclude high-value commonly stolen items such as computer & stero equipment, jewelry, and art. To cover these types of items one genrally has to add a rider to the policy.

Years ago I travelled with a laptop and had to get such a rider. As I recall my renter's insurance was $105/yr for my entire apartment. The rider for just the laptop was another $120!

This discussion about insurance companies potentially balking at replacing high-value bikes is eye-opening.

DogBoy

As an FYI, check the policy language carefully. Some policies may cover the full value of your bike if stolen from your premisis, but if stolen from work or a store your recovery is severly limited without a rider.

Every policy is different...just make sure you read it to be sure.

Roody

My bike needs a rider? I thought that was my job!

wahoonc

+1

I wonder if insurance covers bike jacking

Aaron

jeff-o

I've got two life insurance policies, car insurance and house (property) insurance. Hopefully I'll be covered if I ever get hit! *crosses fingers*

Roody

I would want health insurance more than anything else. I just got a minor injury at work, but since it involved trauma to the chest wall, they kept me ovenight and ran some diagnostic tests in the morning. The hospital billed Workers' Compensation almost $8,000. This same type of injury could also occur in a bike accident.

CentPARider

I posted this the other day in another thread. Seems to be a hot topic right now.

From https://www.bicycleattorney.com/Pennsylvania.htm (Pennsylvania)

‘Pennsylvania law also provides $15,000 in benefits even if you are the victim of a hit and run accident and have no insurance of your own.’