[Harry Gilbert]

Background:
On june 4th I was rear ended at a stoplight while the wife and i were on the trike. Idiot stopped about 10 feet back but then decided to creep closer and hit the gas instead of the brake. The wife said her back hurt so a trip to the ER. She checked out OK and has had no problems since. Very minor damage to the trike.

From dealing with His insurance Co. I found out that NO basic motorcycle insurance covers medical (but some companies will add for additional $$$) ALL medical claims go through your health care provider (verified by aetna)

I never thought about who would pay in a accident involving a bike but now I know.

Check your policies. If you have no health insurance look into your options.

 

[osduck5]

My insurance company ask me if I wanted medical or if I was covered under another policy for it. Many also do not cover uninsured motorist. Glad you all were not hurt more than you were.

 

[Banner Guy]

Thanks for the heads-up Harry. I would love to find some kind of checklist of things to consider on our motorcycle policies.

Hope the wife is healing!

 

[Joe In Calif]

Like anything else, it's an extra, but if you have health coverage you don't need it.

 

[rmcapozzi]

Background:
On june 4th I was rear ended at a stoplight while the wife and i were on the trike. Idiot stopped about 10 feet back but then decided to creep closer and hit the gas instead of the brake. The wife said her back hurt so a trip to the ER. She checked out OK and has had no problems since. Very minor damage to the trike.

From dealing with His insurance Co. I found out that NO basic motorcycle insurance covers medical (but some companies will add for additional $$$) ALL medical claims go through your health care provider (verified by aetna)

I never thought about who would pay in a accident involving a bike but now I know.

Check your policies. If you have no health insurance look into your options.

The liability coverage of the other party's coverage is there for just that. It may not cover for that which your medical already covers but anything that your medical doesn't cover would be (out of pocket costs, loss of wages, or any other damages you claim, etc). Now whether or not their liability coverage is enough is another story.

Some states require a minimum liability coverage.

 

[revrunt]

The liability coverage of the other party's coverage is there for just that. It may not cover for that which your medical already covers but anything that your medical doesn't cover would be (out of pocket costs, loss of wages, or any other damages you claim, etc). Now whether or not their liability coverage is enough is another story.

Some states require a minimum liability coverage.

:agree:
Their liability should be the PRIMARY coverage and cover any and all expenses, medical, pain and suffering and repair costs. Since they are playing the lying game, I would let them know you are getting ready to lawyer up and watch how fast they are willing to fulfill their obligation. It's their game, you just have to let them know you know the rules. Your insurance agent should be the one to guide you, not theirs.

If the accident is your fault or if the motorist is un or under insured, you are under a completely different set of rules dictated by what you and your agent worked out in the purchase of your policy. In that scenario, the info you were given may be correct.

 

[FredGarvin]

Like anything else, it's an extra, but if you have health coverage you don't need it.

Not entirely accurate, depends on your heath policy. Some policies have a deductible that must first be met. That would be your responsibility to pay.

 

[Harry Gilbert]

Their liability should be the PRIMARY coverage and cover any and all expenses, medical, pain and suffering and repair costs. Since they are playing the lying game, I would let them know you are getting ready to lawyer up and watch how fast they are willing to fulfill their obligation. It's their game, you just have to let them know you know the rules. Your insurance agent should be the one to guide you, not theirs.

That was my impression also but My ins (Formost), His (State farm) and my health ins (Aetna) ALL had the same story. Motorcycles are not considered automobiles for insurance purposes and fall under the same rules as ATV's mopeds etc.

If we have any Lawyers or Ins agents on the board I would love to hear your take on this

 

[Marvman]

That's a coincidence, I too had an accident on the 4th of June. Truck turned left in front of me, bounced off front bumper/fender into the ditch. Wife was life-flighted to KU Med Center in KC, and I got to ride in the meat wagon. Wife had facial injuries and a concussion, I had a broken clavicle and two broken ribs.

That said, we had full coverage (Foremost) which included additional medical coverage. What I didn't realize was, that only covered $4500 per person. That didn't even cover getting the two of us to the hospital.

Two months later we are both doing well, even starting to look at bikes. My 02 was totaled, the truck hit it hard enough to crack the case (yikes).

All I can say is, watch for them, they aren't watching for you.

Marvman

 

[srobak]

From dealing with His insurance Co. I found out that NO basic motorcycle insurance covers medical (but some companies will add for additional $$$) ALL medical claims go through your health care provider (verified by aetna)

It is inconsequential in this case, as you were not at fault and liability does not fall in your lap. You could have been sitting in a lawnchair in your front yard, walking across the street, or whatever - his insurance company covers the victims. If you exhaust the limits of his coverage, then you go after him directly, up to the amount of injuries and punitive damages, or his net worth - whichever is lower. This is why when you get insurance for yourself - you do not do it for the value of the vehicle - you do it for your net worth. Call a lawyer. Do this today.

I never thought about who would pay in a accident involving a bike but now I know.

If the biker is at fault - and he has coverage on his bike - then less the deductible his policy provider does, providing there is medical coverage on it. But by your wording here - it sounds like they are running an end-game on you. Call a lawyer. Do this today.

Like anything else, it's an extra, but if you have health coverage you don't need it.

This is false. In fact - many health insurance policies (like those through your employer) explicitly prohibit "dangerous activities" and have exclusionary clauses in them which suspends coverage for injury or loss during the execution of such activities. Those often include things like sky-diving, air-travel and yes - even riding a motorcycle. Go over your policy with a magnifying glass. They do not "cover you" as a blanket anymore... they haven't in years. Find out what is missing, add the modules you need, but be ready for that price to skyrocket.

Their liability should be the PRIMARY coverage and cover any and all expenses, medical, pain and suffering and repair costs.

Agreed - but that will only work up to the limits of the drivers coverage. Anything past that they are liable for personally, and you must go after them personally.

Since they are playing the lying game, I would let them know you are getting ready to lawyer up and watch how fast they are willing to fulfill their obligation. It's their game, you just have to let them know you know the rules. Your insurance agent should be the one to guide you, not theirs.

All true - Call a lawyer. Do this today. Also start prodding your insurance company and find out why they aren't holding your hand through this... that is part of their responsibility as 0 liability is falling on them/you.

That was my impression also but My ins (Formost), His (State farm) and my health ins (Aetna) ALL had the same story. Motorcycles are not considered automobiles for insurance purposes and fall under the same rules as ATV's mopeds etc.

This is crap. Call a lawyer. Do this today.

 

[Harry Gilbert]

As far as my needing a Lawyer is concerned in this situation NO

Damage to bike $-379
paid by his ins $379
ER costs $-700
will be covered by med ins. $665
Copay $-35
Payment to wife by his ins co for pain and suffering $200

For a net of $165 to the good.

Why do i need a lawyer? No long term injuries, bills were taken care off.

Not every accident needs to go to litigation.

The entire premise of this thread was to have people check their policies and make sure they have the coverage that they think they have, And not find out after a major incident that could cost them their house

 

[srobak]

ER costs $-700
will be covered by med ins. $665

Whose?

Copay $-35

Paid by who? Since when does medical injury coverage resulting from accident by an at-fault party have a co-pay?

Payment to wife by his ins co for pain and suffering $200
For a net of $165 to the good.

This tells me you guys are making the co-pay and it is coming out of your insurance. This is incorrect. His fault, his liability, his insurance covers your injury or he does out of his pocket. Anything else stinks to high heaven.

Why do i need a lawyer?

See above. You are getting jacked around.

No long term injuries, bills were taken care off.

No long term injuries YET. There may be residual effects which will need addressing later. If you take on the responsibility of the medical/injury now - you do not get to go back later on if it develops into something else. By the looks of things - the majority of the bills were taken care of by your health insurance. This is not right. His accident, his fault, his primary, his liability. Not yours.

Not every accident needs to go to litigation.

You're right. Most of them don't go like this. This one absolutely needs the threat of litigation in order to be processed properly and the responsible party to fulfill their responsibility.

The entire premise of this thread was to have people check their policies and make sure they have the coverage that they think they have, And not find out after a major incident that could cost them their house

YOUR coverage does not come into play in this accident. At all.

 

[sammisgrammy]

My next door neighbor had a kid make a left turn in front of him. He had his foot caught between the bumper and his scooter. He spends hours a day in a hyper chamber and will be off work for at least a year. PA is a "no-fault" state and Nationwide, his carrier told him to hire a lawyer and get ready for a long tough fight. Most define catastrophic loss, which is required to get past no-fault, as loss of limb or paralysis. He has neither, and looks like he could be a financial loser.

After his crash I called Foremost and did a line by line review....I was WOEFULLY under-covered

 

[artmann]

Harry,

Your advice to check for health coverage in case of an accident is good. I had a wreck a few years ago that resulted in a crushed ankle, reconstructive surgery and 6 months of rehab (my ankle still doesn't work right). In my case, the person who caused the accident took off and was never identified. It was my personal health insurance that kept me out of the poor house.

Srobak's information is also very important to know. If someone causes you to wreck your scooter, they are morally and legally liable for all damages to health and property. This is a fact whether anyone has insurance or not. If it were me, I wouldn't have filed any sort of claim on my insurance whether I was covered or not, until I ascertained the perpetrator had no money. They are obliged to pay and should have to do so in order to convince them they need to be more careful in the future.

 

[DailyRider]

See Below.

http://accident-law.freeadvice.com/accident-law/auto/fault-no-fault-car-accidents.htm


:thumbup:

 

[sammisgrammy]

Harry,

Your advice to check for health coverage in case of an accident is good. I had a wreck a few years ago that resulted in a crushed ankle, reconstructive surgery and 6 months of rehab (my ankle still doesn't work right). In my case, the person who caused the accident took off and was never identified. It was my personal health insurance that kept me out of the poor house.

Srobak's information is also very important to know. If someone causes you to wreck your scooter, they are morally and legally liable for all damages to health and property. This is a fact whether anyone has insurance or not. If it were me, I wouldn't have filed any sort of claim on my insurance whether I was covered or not, until I ascertained the perpetrator had no money. They are obliged to pay and should have to do so in order to convince them they need to be more careful in the future.

If you are insured in PA, you can buy "full tort" insurance at about a 30% price penalty, or buy "no-fault" and enjoy the savings. Without catastrophic loss, YOUR insurance will be paying the bills, including the ambulance ride and medical bills. The other driver's insurance will pay for damage done to the vehicle. Ours might be an odd ball state, but the coverages make it difficult to get most accidents into a court room

 

[Jeffrey]

Harry,

I wouldn't have filed any sort of claim on my insurance whether I was covered or not, until I ascertained the perpetrator had no money. They are obliged to pay and should have to do so in order to convince them they need to be more careful in the future.

In No Fault states (Florida is one) your own insurance covers the first $10,000 regardless of who is at fault - so.....if you went on the cheap, and you have no insurance you are screwed for the first 10 G.

 

[PunkinDave]

While all the "experts" here are trying to be helpful, fact remains that this varies from state to state and there are very few "blanket" statements that can be made...

Bottom line, check your local needs and buy coverage accordingly..

 

[Warprints]

Did this accident happen in New Jersey?
Don't have enough facts, and I'm not clear on the info you've posted, AND vehicle insurance regulations are not universal in the U.S., as each state sets their own regs for coverage, but that said ...
Let's assume you are not in a no fault state ...
Generally, your vehicle insurance does not include medical payments, unless you've added med pay to your coverage. Generally, liability insurance for the guy that hit you covers your medical bills, lost wages, general damages, etc., up to the limits of his policy. There is no exclusion I know of that liability insurance for the guy that hit you does not cover damages when he hit a motorcycle. Your health insurance may not pay if there is some other driver at fault.
And if the other guy does not have enough insurance, if you do not have UM, you're screwed.

 

[Warprints]

As far as my needing a Lawyer is concerned in this situation NO

Not every accident needs to go to litigation.

:agree: If you rush to get a lawyer, you'll loose 1/3 or more of what you'd get, right off the bat, as attorney fees. Not every case needs a lawyer, and most lawyers won't take cases that aren't worth much money.