Home > Research Legal Advice > Car / Auto Accident > Was recently hit by a motorcycle( their fault) and do not have PIP or un...
Asked about 2 years ago - Everett, WA
FlagWe need to cover medical costs. We thought that we were covered by our insurance but they sent a policy change by email and opted out of PIP and UMI coverage.
Your first option should be to determine whether or not you have PIP coverage. Who is the named insured on your policy? You? If so, did you sign a waiver of PIP coverage? If so, then the insurer can deny the PIP claim. If you did not waive it, then it cannot deny the claim.
As far as the driver of the motorcycle, it is pretty rare that insurance companies offer PIP for motorcycles, but you should find that out.
Otherwise, you can make a claim against the motorcyclist's insurance and recover your medical expenses that way.
I agree with Mr. Twersky, and I would also add that the insurance company cannot ulilaterally drop your PIP and UIM coverage. I would want know more about the circumstances surrounding the change of coverage you refer to. Did you sign waivers? If so, why? If not, you may still have coverage. You should consult a personal injury attorney. Most offer free consultations.
If the other driver is not covered under a liability policy, you do not have a UM/UIM policy or PIP coverage, then your only other recourse would be to pursue the other driver individually for your bodily injury damages.
This information is provided for general purposes only and is not intended as legal advice. No attorney-client relationship is created with the furnishing of this information. Attorney licensed in North Carolina only.
Personal Injury Protection is coverage that you buy through your own auto policy that covers medical expenses and lost wages, should you incur the same, as a result of an auto accident. Similarly, Uninsured Motorist Coverage, is purchased through your own policy that covers your damages, if the party causing the accident is uninsured.
If you waived these coverages, when you purchased your auto insurance policy, you may be out of luck, in terms of recovering from your own insurance company. However, if the motorcyclist who caused the accident is covered by a policy of insurance, then, your are covered for your damages including medical costs, lost wages, and pain and suffering for the amount of coverage that the motorcyclist carried.
For more information about auto insurance and coverage, feel free to visit my website, which contains more information. My website info: www.texlaws.com
Each state has its own rules and regulations regarding insurance. Please check with a local attorney for more information. Good luck.
Biju Varghese, Esq.
The Kane | Varghese Law Firm
Texas Premier Personal Injury Law Firm
The foregoing is not intended to constitute legal advice, but is intended merely to provide information. No attorney client relationship shall be created as a result of this writing.
If they have no liability coverage, you will have to file suit against them and hope they have money or property.
All information and responses to this question are not to be deemed as legal advice, nor does it create an attorney client relationship. You should consult with an attorney who can discuss the facts of your case in greater detail and provide you with legal counsel.
You can sue the motorcyclist personally to recover damages. However, he or she may not have any assets from which to take your award. I would advise contacting a personal injury attorney from your area to determine how to proceed.
Disclaimer: This answer does not constitute legal advice. I am admitted in the state of California only and make no attempt to opine on matters of law that are not relevant to that state. This advice is based on general principles of law that may or may not relate to your specific situation. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.
http://www.johnphillipslaw.com
http://www.thecaliforniainjuryblog.com
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