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Written by George Tait
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Monday, 05 October 2009 00:00 |
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Here is a full reprint of an article in The Standard titled Unlawful and stupid to drive without insurance:
Oct. 2 2009 I was out on my Harley Davidson motorcycle on my way to a job when some one turned left in front of me. I had two choices. Hit the pickup or lay down my beautiful bike. I chose to lay down the bike over hitting the truck. People that ride their bikes into other cars and trucks don't do so well. My bike sustained sever damage. The truck responsible had no damage. I was hurt and angry. I called the police, not the driver of the truck. The driver of the truck seamed to not care if I was alive or dead. They didn't come to see if I was OK or if I needed help. The only call to the 911 operator was mine. When the emergency people of Ogden Fire and Police arrived they did their typical good job. Ogden has some of the best emergency responders in the United States. I thank you. I had some serious injuries! The investigating Officer collected all the information to make a case against the driver of the pickup for failure to yield right of way, driving on suspended driver's license and no insurance. The no insurance part left me to deal with a $20,000 motorcycle that has $8,000 in damages, my injuries and not being able to work. I have insurance! What would have happened if I had been killed? Who would have taken care of my family? It is simply STUPID and against the law to drive around without insurance! John G. Moon Ogden
The comments to this article point out that regardless of the law people, for whatever reason, will persist in driving without insurance. So what is a motorcycle rider to do? Buy insurance yourself, that's what! This is even more important in tough economic times because the estimate of uninsured drivers in Utah is about 12 percent. In other words 12 out of every 100 drivers are out there driving without any vehicle insurance whatsoever!
When you purchase motorcycle insurance you can purchase what is called underinsured coverage and uninsured coverage. Underinsured coverage kicks in if the driver who causes the crash has insurance but not enough to cover your damages. For example let's assume the offending driver, like in the article above, turns left in front of you and causes the crash. Let's also assume, not like in the article above, that the offender has the minimum coverage for bodily injury in Utah, $25,000. Let's also assume that your total damages are $100,000. You may get the offender's policy limits of $25,000 but what about the remaining $75,000 you lost? If you had purchased adequate underinsured coverage of $100,000 that underinsured coverage would kick in because the offender was underinsured.
Uninsured coverage kicks in if the offending driver has no insurance coverage, like in the article above. In that case, with clear and convincing evidence, you would make a claim on your own uninsured coverage. If you had purchased $100,000 in uninsured coverage chances are your own insurance would pay for all of your damages.
So the answer is to make sure you carry enough insurance yourself to cover your damages should the other driver that causes the crash either does not carry enough coverage or no insurance coverage at all. Furthermore, underinsured coverage is a right in Utah. Often I discover that our clients have not made a knowing waiver of that right and under Utah law if that right to underinsured coverage is not made knowingly you are entitled to full underinsured coverage. At utahbikelaw it is part of our routine investigation to make sure that you get what you are entitled to under the law in Utah when you are in a motorcycle crash.
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Written by George Tait
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Monday, 10 August 2009 09:40 |
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Getting sued is not fun - you would think that a caveman even knows that. However, if you have Geico Insurance - be it vehicle or motorcycle insurance you might get sued more that others who have different insurance. Here is a reprint of an article from Moore & Wolfe, personal injury lawyers in Mobile, Alabama who after conducting a poll of personal injury lawyers across America found that attorneys who represent injury victims hit by people who have Geico coverage need to file cases against the Geico insured more often.
GET GEICO - GET SUED
EVEN A CAVEMAN IS SMART ENOUGH TO KNOW THAT BEING SUED CAN ADVERSELY AFFECT HIS CONSUMER REPORTS. In a recent poll of auto-negligence lawyers across America, numerous attorneys who represent auto-collision injury victims say they are having to file more lawsuits to recover restitution for their clients when GEICO is involved. Steve Moore from M&W participated in the informal poll conducted through a national listserve for auto-negligence attorneys. “When we take on an auto-negligence claim for the victim, we explain it’s in their best interest if a fair settlement can be reached without having to file a lawsuit,” said Moore. He explained that lawsuits and litigation are expensive and time consuming for victims who are often in a difficult financial situation because of lost wages, co-pays and deductibles. “Companies like GEICO know Alabama procedural, regulatory and substantive laws are in their favor and they are really taking advantage of this situation,” he said. Moore went on to say that not only is GEICO taking advantage of the victim by making “ridiculously low” claim settlement offers but their own insureds as well. He explained that not only are lawsuits difficult for victims but it also means the at-fault drivers insured by GEICO are going to suffer. In Alabama even though the insurance company gets to control the payment, or non-payment, of a liability claim it’s their insured that must be named as the Defendant in a civil lawsuit for damages. Moore referenced the recent claim of one of his clients against GEICO as an example of just how unreasonable and difficult GEICO is being. The clients were rear-ended by a GEICO insured as they were stopped in traffic. GEICO’s last offer to settle the claim before litigation was less than the clients’ medical expenses and lost wages. “This is not a big case,” said Moore, “but GEICO has left our clients with the option of incurring an out-of-pocket loss of several hundred dollars or filing a lawsuit to try and recover full restitution." He noted that not only is GEICO re-victimizing the victim, but they are subjecting their own insured to the various adverse consequences of a civil lawsuit and possibly a civil judgment. "Being a Defendant in a civil lawsuit may have adverse consequences to consumer reports and is a factor to be disclosed on credit applications and job applications,” explained Moore. In closing he said, “I think the real cavemen at GEICO are the ones making these kind of unfair and unjust decisions.”
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Written by George Tait
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Friday, 15 May 2009 09:33 |
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What happens if you are hit by a driver and he takes off? In Las Vegas a 55-year-old man was riding a 1991 Harley-Davidson Sportster was killed after a pickup truck driver struck the motorcycle and left the scene. The Chevy pickup truck driver left the scene after abandoning the pickup in a parking lot of 2821 Lamb Boulevard.
In Utah there has to be "clear and convincing" evidence that the crash was caused by another driver. When looking at this case in Las Vegas it looks pretty straight forward and the offending vehicle was left at the scene. Forensic analysts will probably be used to show that the truck hit the motorcycle and caused the crash and resulting death. In other cases it is not so clear.
Imagine you are motoring along on your motorcycle as you pass the off-ramp on a freeway and a car suddenly cuts you off in an effort to get on the off-ramp. You crash into the divider post and are seriously injured. The car cutting you off vanishes and there you lie. Hopefully a good samaritan will call police and EMS are activated and you are taken to a hospital and eventually heal from your injuries. the police, despite their best efforts are unable to find the offending car. You make a claim thinking you have collision insurance and think that you elected uninsured coverage.
Collision coverage on motorcycles is often elective - meaning that you have to choose this coverage. Make sure you do choose this coverage if you want your motorcycle repairs to be covered - whether the damage is caused by someone else or by you. Assume in our fictional case that you have collision coverage and the bike is repaired. Maybe it should be written off but that is another story for another time.
Let's also imagine you were smart and have elected to purchase uninsured coverage. You call your insurance company and make the claim - they investigate and deny your claim! Why do they deny your claim - after all the other guy that cut you off caused the crash - right? While, according to law in Utah you have to prove to your insurer that by "clear and convincing" evidence that another driver cut you off and caused the crash and you simply did not crash into the divider post yourself. how do you do this?
First and quickly you need to get the crash report from the police and hopefully they will have listed witnesses that saw the other car. However, and it seems often the case, people do not stop and simply call 911, report the crash and do not want to become involved. No witnesses - now what? If not too much time has lapsed you might ask the media to help you and seek out witnesses to the crash. Alternatively, you might hire forensic engineers or accident reconstructionists to prove your case. Otherwise you might have to accept the fact that you can not meet the "clear and convincing" evidential criteria and simply give up on your case.
You need a good motorcycle attorney on your side to fight this kind of case.
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Written by George Tait
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Wednesday, 21 January 2009 00:00 |
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The National Academies Transportation Research Board held its annual meeting in Washington DC recently. Of note to motorcyclists were several sessions aimed at specific areas of motorcycle safety and research. A sampling of what this group talks about is a “human factor” workshop aimed at generating research ideas to the scientific and university community. Some topics mentioned were the aging community and motorcycling, eye tracking research, conspicuity, anti-lock brakes and exposure.
The Motorcycle Industry Council gave a glimpse into the owner survey they conduct every five years and some interesting insights were shared:
- the median age of a motorcycle owner has risen from 32 in 1990 to 42 in 2008
- the average income of motorcycle owners continues to be above the national average
- there are 29% more woman owners than in 2003
- that women purchased 39% of all new units in 2008
These are only glimpses however because if you want to see the full report from their survey you must be a member of the council and pay their very high restrictive fees.
The Insurance Institute for Highway Safety gave a brief, but predictable report on their studies that explore ABS systems (they work!) and one that explores the “damageability” of specific motorcycles. Clearly tired of paying expensive repairs for damage that is the same no matter if involved in a high speed motorcycle crash or just tipping while parked. This study will undoubtedly rate motorcycles on their sturdiness so expect to pay more for your insurance depending where your bike rates on this forth-coming list.
For all of the foregoing reasons the insurance industry will probably be charging you more for the insurance you buy. I do have some suggestions on how you can lower your motorcycle insurance costs without sacrificing coverage.
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Written by George Tait
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Monday, 24 November 2008 08:39 |
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It can be tough to justify the costs of keeping an extra vehicle these days, especially a motorcycle when it is not your main transportation. However, you may be able to cut your insurance costs on your bike, and even cut all your vehicle insurance costs, in order to make it easier to keep your car, and your bike too!
If you are a young rider, or just a new rider, the best thing you can do to lower your motorcycle insurance costs is to complete an approved motorcycle safety class. Insurers will offer discounts for the training, and you will keep yourself safer. It is worth your time to protect your motorcycle, and your own health! Even if you are an experienced rider there are classes for you too and the insurance company will probably give you a cut on your motorcycle insurance costs.
Of course, you know you should obey local laws and speed limits. One speeding ticket can give you a significant rate increase. On the other hand, a history of ticket-free driving should earn you preferred rates and if it does not go somewhere that does.
Many insurers also offer a significant discount for protecting your motorcycle when you are not riding it. If you keep your bike locked up at night, in a garage or protected area, make sure you ask your motorcycle insurance company if they offer a discount. Other protection like lojack, a motorcycle tracking service if your ride is stolen, often gets you a reduction as well.
And the same multi-vehicle discounts, or multi-policy discounts, that help you get cheap home insurance or car insurance, can help with your motorcycle insurance too!
Make sure to ask your insurer about each and every one of these discounts - I have discovered over the years if you do not ask you shall not receive.
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Written by George Tait
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Tuesday, 14 October 2008 00:00 |
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When you talk insurance, like Greek, you need to understand the language. At the minimum you need to know where to go to find out what specific terms mean. One of the best sites to learn all about insurance is esurance. They have an excellent glossary and I will be using their definitions throughout this article specifically about the basics of motorcycle insurance.
First you have to consider the state minimum coverage. Every insurance company in Utah must sell insurance in compliance with the state minimum requirements. In Utah the minimum coverage for motorcycles is 25 / 50. What this means is that if you hit someone while on your motorcycle and cause injury then your insurance will pay them $25,000 per person up to $50,000 per crash. In other words if you cause the crash and injure one person they will cover $25,000. However, if you cause an accident and you injure 10 people the most the insurance will pay is $50,000. The chances of you causing injury while riding your motorcycle are definitely there and should be insured against. The minimum insurance is probably enough. I say this because the chances are that if anyone is going to be seriously injured in a motorcycle crash it is you - the motorcycle driver.
Put yourself in this situation. You are negligently hit by a vehicle meaning they are responsible for the accident. You are injured and have two broken legs and a severe head injury. You recover but only after incurring $300,000 of medical bills. The offending driver has only the minimal coverage and their insurance company gladly pays it - $25,000. You can try to get more money out of the offending driver but chances are if they only have $25,000 coverage they do not have a lot of other assets. You are now left owing $275,000 to the hospital and physicians. So what do you do?
My best recommendation is to buy enough insurance in the first place. In this case that would be underinsured and uninsured motorist (motorcycle) coverage. Each is defined:
Underinsured Motorist Bodily Injury Coverage
Underinsured motorist bodily injury coverage is available in some states, where it's often mandatory. This type of auto insurance coverage pays for your medical expenses, lost wages, and other damages when you or your passengers are injured in an accident caused by a driver who has insufficient auto insurance coverage. This kind of auto insurance coverage typically pays the difference between the coverage limit you select and the other driver's bodily injury coverage limit. The amount covered by underinsured motorist bodily injury is capped at the limit you choose when you buy your auto insurance policy.
Uninsured Motorist Bodily Injury Coverage
Uninsured motorist bodily injury coverage is available in some states, where it's often mandatory. This kind of auto insurance coverage pays for your medical expenses, lost wages, and other general damages when you or your passengers are injured in an accident caused by a driver who has no car insurance. Uninsured motorist coverage also pays for injuries sustained in hit-and-run accidents. The amount covered by uninsured motorist bodily injury is capped at the limit you choose when you buy your auto insurance policy.
Both of these coverages are relatively cheap and can save you and your family from financial ruin.
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Written by George Tait
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Wednesday, 10 September 2008 07:41 |
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If you are going to work any day of the week you will notice the sharp rise in the number of scooters ont he road. If you live near or pass by a university campus such as the University of Utah or BYU you may be surrounded by scooters. Students are trying to save money. Nothing new there, students are always trying to save money. With the high price for gas many students are opting to purchase a scooter to save on gas. You can also save on maintenance as compared to a car. You might be also able to save on parking costs. Where you should not try to save money is on insurance even though it will be much cheaper than car insurance. If you are in an accident ona scooter chances are youa r egoing to be injured, sometimes seriously injured. The minimum insurance required to be carries on a car is $25,000 in bodily injury coverage. That means that is a minimully insured driver hits you his insurance will pay up to policy limits of $25,000 and then that's it. If your medical bills alone total $40,000 you are out of luck and left owing the difference of $15,000. One easy and cheap way to guard against this loss is to purchase what is called underinsured (UIM) insurance on your own scooter policy. Take the same accident where you are negligently hit by a minilully insured driver and your medicla bills are $40,000. Their isurance policy would pay their limits of $25,000 and lets assume you have $50,000 od UIM coverage. Chances are high that the UIM policy would also pay to you their policy limits - depending on the injuries, lost wages, pain and suffering. You would receive $75,000 have to pay your bills of $40,000 and be left with $35,000. Furthermore UIM coverage is cheap Another way to cover some of your medical costs in case of any accident is to purchase what is referred to as med pay benefits on your scooter insurance coverage. You can purchase thousands of dollars of medical payments coverage for often only cents per thousand. It is a cheap way to get insurance coverage to pay for your medical bills if you do not have medical insurance otherwise. Saving money is on everyone's minds but if you ride a scooter be sure to carry enough insurance.
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Written by George Tait
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Thursday, 22 May 2008 10:07 |
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Insurance premiums are determined by a combination of many items including age, driving record, how long you have been riding a motorcycle, the type of motorcycle and the area you are in. Let's look at these one at a time: - There is nothing we can do about our age - at least not that I know of. The older you are the less you are going to pay for insurance.
- Your driving record is something you can do something about - like not getting tickets for speeding or driving without a license. Obviously, the absence of infractions keeps your premiums lower.
- The length of time that you have had a motorcycle endorsement on your license the lower your policy premiums. The insurance industry recognizes that the more you ride a motorcycle the more skilled you are and better able you are to avoid an accident.
- Usually, a bullet bike costs more to insure than a cruiser motorcycle.
- If you live in a rural area versus a city your premium will be lower.
A lot of the factors that go into determining your insurance premium are beyond your control, however there are a number of things you can do to decrease your insurance costs: - keep you record clear of accidents, speeding tickets or other infractions and often insurance companies will decrease the premium on your next renewal.
- Take a riders safety class. Often insurers will give you a break on the premium if you can demonstrate (present a graduation card) showing you have completed a qualifying class. The Motorcycle Safety Foundation has an excellent resource for finding a program near you. Besides, it is the right thing to do.
- Tell the insurer that you store your bike in a secure location in the off season - like your garage. Consider installing an anti-theft device on your motorcycle such as Lojack for motorcycles.
- Consider insuring all of your vehicles with the same insurer because they often grant a discounts for multiple vehicles.
- Consider only purchasing coverage for teh times you ride your bike.
All of these points may help lower your insurance costs but you need to make your insurer aware of them so ask. Not all companies make a discount available for all suggestions so make sure you shop around. Last, but certainly not least, make sure you purchase the correct type of insurance including underinsured and uninsured coverage and buy enough coverage because chances are when you are in a motorcycle accident you are going to be severely injured.
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Motorcycle Insurance is oftentimes confusing and daunting because there is a sense that the insurance company will find some way to avoid paying in the event you are in a motorcycle accident so you may as well buy the cheapest insurance. Nothing could be farther from the truth and nothing could be farther from the truth about what type of insurance you should buy.
The first question you ask an insurance agent is how much coverage do you think I need. From this question the agent should be able to ask you questions that will allow him to suggest to you a dollar amount of coverage that will protect you and your family from the devastating effects of a motorcycle crash. You need to but protection from causing harm to others so they will not be forced to sue you personally and take away all you have worked for. However, you also need to insure yourself against others not carrying enough insurance when they cause the damage - this is called uninsured and underinsured coverage discussed elsewhere in this blog.
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Written by George Tait
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Thursday, 03 April 2008 09:57 |
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Illinois: Herrin Police Chief Stu Ridings said they are investigating whether or not an additional vehicle was involved in an accident Saturday that sent six people to the hospital. According to a press release, Herrin Police responded to the crash involving three motorcycles and one passenger car at about 9:54 p.m. Saturday near 3029 South Park Ave. The drivers of the motorcycles were Ronald E. Whitecotton, 32, of Colp, Rory E. Wright, 38, of Carbondale and Jesse T. Morris, 30, of Buckner. The driver of the passenger vehicle was Jeanne F. Todd, 77, of Carterville. This article prompted me to write about hit and run drivers. Let's assume that you are cruising along the highway minding your own business when a car comes out of nowhere, sideswipes you, causes you to crash, and takes off. There are no witnesses. The offending vehicle disappears into the sunset never to be heard of again. You are the victim of a hit and run. What are you to do? First and foremost get yourself cared for. Hopefully someone calls 911 and the ambulance responds and takes you to the hospital. "Luckily" you have only suffered a fractured femur and your bike, your baby, is totally destroyed. You are going to recover physically but you are wondering about recovering financially. Hopefully you have good insurance because you are going to need it. You are also going to need a good motorcycle accident injury attorney. Your insurance has to include uninsured coverage to recover from the hit and run driver. Uninsured insurance would kick in providing you can prove that the accident occurred...
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Motorcycle Insurance
