Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist
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Release Date: 07/12/2017
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What do you do when you get into an accident with an uninsured or underinsured motorist? Many times the bad guy in such cases doesn't have enough insurance to cover for the damages. Tune in to understand how you can proceed with your case!
Uninsured Motorist vs Underinsured Motorist
There is a big difference between the uninsured and the underinsured motorists. An uninsured motorist is the bad guy without insurance.
An underinsured motorist, on the other hand, is the bad guy who doesn't have enough insurance. In these cases, it is natural to expect that your motorist provision and auto policy will make up for the damages.
Having Enough Insurance
Richard previously wrote an article about this. He emphasizes on the need to obtain strong insurance coverage. You can read the article on his website.
Generally if your auto policy does not step in, you make sure to get enough insurance. Many times people are eligible in an umbrella coverage.
A Lawyer to Help You in Pitfalls
Such cases have a lot of pitfalls. Having a good lawyer would be very helpful.
The first pitfall is the insurance limit on the bad guy's account. It is important to exhaust the underlying policy to "trigger" the larger one.
If you fail to exhaust it completely, you may be precluded from receiving the larger uninsured or underinsured policy. This includes workers' compensation, issues, and pending claims.
Here’s a list of references for this issue:
- Cyclists Don't Skimp on Insurance article
- California Civil Procedure §998
To hear about how Bicyclists Can Recover Justice from an Uninsured or Underinsured Motorist, download and listen to the entire episode. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you!
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