San Francisco, California (PRWEB) December 24, 2012
Sadly, it is often the case that a bicyclist or pedestrian is seriously injured by either (1) a motorist who has no insurance; (2) a motorist who has very little insurance (the minimum required by California law is only $15K in bodily injury liability insurance); or (3) a motorist the identity of whom is unknown, such as a hit-and-run driver.
In any of these circumstances, under California law, the bicyclist’s or pedestrian’s uninsured motorist coverage would cover their injuries and damages over and above the driver’s insurance.
For example, if a bicyclist or pedestrian has $100K in UM coverage on their auto policy, and they suffer $100K worth of damages in an accident caused by the negligence of a motorist who has only $25K in bodily injury liability insurance coverage, the bicyclist or pedestrian may first recover $25K from the motorist and thereafter may recover $75K from their own auto insurer (the bicyclist’s or pedestrian’s own auto insurance essentially steps into the shoes of the driver’s insurance). However, in the above example, if the UM coverage is only $25K, then the bicyclist or pedestrian has no grounds to assert a UM claim since the policies cannot be stacked. Making a UM claim does not increase the bicyclist’s or pedestrian’s insurance premiums since it is based on the fault of the motorist.
The good news is that UM insurance is relatively quite inexpensive to purchase, and is usually by far one of the least expensive component of auto insurance coverage. As bicycle and pedestrian injury attorneys, the Law Office of Daniel H. Rose recommends having as high limits as you can afford (as high as your bodily injury liability limits) since this may be one’s only source of compensation in the event of an accident. Most auto insurers, however, do not allow one to have UM limits that are higher than one’s bodily injury liability limits. One normally does not even need to own a car to have UM insurance, as long as they are listed as an additional insured under the auto insurance policy of a spouse or other household member and that policy provides UM insurance - getting oneself so listed usually does not increase the spouse's or household member's insurance premiums.
The Law Office of Daniel H. Rose in San Francisco specializes in the representation of injured bicyclists in personal injury and wrongful death cases, with more than 27 years experience. Daniel Rose is one of the leading bicycle lawyers in the San Francisco Bay Area, and has a reputation for ethically, efficiently and compassionately pursuing the maximum compensation allowed by law. If you have any questions, do not hesitate to contact us - we would gladly provide you with our best advice free of charge.