A lady crossed the center line on a two lane road and struck me and my motorcycle. I was severely injured. The lady's insurer, State Farm, has told me that her policy was cancelled two weeks before my wreck. The declarations page from my insurer, Dairyland, shows I only had liability coverage on the bike for 15/30K, and no UM coverage. However,on the day of the wreck, there were two other vehicles in my household insured in my name through Mercury Insurance with UM limits, per the declarations page, of $50K per person, 100K per accident.
Can I get compensation in Arizona for my injuries through the UM coverage available on my Mercury policy?
In Arizona, can I stack the UM coverages on my Mercury policy so that the available total coverage would be 100K per person, 200K per accident?
First in regard to State Farm. Ask them for proof of any cancellation. I would expect they would provide you with such proof. There is a question as to why the insurance policy was allegedly cancelled and if the insured recvd. notice. Simply because State Farm says it is cancelled does not make it true.
In regard to your coverage, insurance companies are required to offer you UM or have you sign a document in which it is declined. They should produce this document otherwise they may owe the insurance coverage.
In regard to the other cars in your household, you may qualify as an insured on those policies and you would need to read policy languages to see if stacking is possible.
It is possible that your Mercury policies can provide coverage for your motorcycle even though it is not specifically listed on those policies. In order to answer your question with certainty, I would have to read the language of your Mercury policies to see if UM coverage would be afforded. Mainly, it would depend on the definitions of "covered auto" under the policy.
If you were to make a claim against those Mercury policies, the insurance company would most likely give the file to their own coverage attorney to make a determination as to whether to extend coverage. It would be very helpful for you to seek your own counseling regarding this matter to ensure your rights are protected. Many law firms would give you a free initial consultation on this matter to decide how the case should be pursued (I know we do).
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.Your personal injury attorney will be able to address all of your UM questions.Do not delay in speaking with an attorney.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Contact a personal injury lawyer in your area immediately. It's generally possible your other auto policies in your home will cover this event on your bike. Additionally, dont just take the word of the carrier that told you the tortfeasor canceled it's coverage weeks prior....demand proof.
I wish you luck.
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