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Ask Our Lawyer
by Rod Taylor
Playing Russian Roulette
Do you like to play Russian Roulette?
How about for $100 bucks a year? Doesnt seem worth it, does
it? But thats what youre doing if you dont buy
uninsured/underinsured motorist coverage for your motor vehicle
insurance policy.
Studies by the Insurance Research
Council indicate that more than 10 to 14 percent of drivers do not
carry any sort of coverage. Lets say you go down to Daytona
for Bike Week and cruise through Florida. Even if they have some
coverage, in most accidents with a motorcycle, the coverage is inadequate.
Remember the blue-hair you saw driving that 1979 Buick Electra?
She hasnt had insurance since 1980, and shes going to
run into you. What can you do to get the bike fixed, not to mention
paying your medical bills? How about mortgage or rent payments and
living expenses?
The answer is uninsured/underinsured
motorist coverages. Without it, you may be out of luck. Most people
who dont have insurance do so because they dont think
they can afford it or dont want to pay for it. The odds of
them having sufficient resources to pay off a personal injury claim
are slim and none. Without coverage of your own, theres no
compensation. You might be able to get a 1979 Buick Electra, but
that doesnt pay the bills.
If you dont have uninsured motorist/underinsured
motorist coverages (UM/UIM coverage), you are underinsured. If you
carry the legal minimum coverage, you are in compliance with the
law. Unfortunately, that coverage only protects the other guy, not
you. And when was the last time you heard of a motorcyclist that
caused personal injury to the driver of 4-wheeler? Where you made
the mistake was in declining the uninsured motorist/underinsured
motorist coverages (UM/UIM coverage.) Why? Well, my guess is that
you wanted to save a few bucks, and figured that since the law required
everyone to have coverage, you didnt need to pay for additional
coverages.
Unfortunately , not everybody complies
with the financial responsibility laws. Some people simply never
get insurance and give a bogus policy number when the register their
cars. Others may have coverage, but they cancel it after getting
the car registered. That means you are left holding the bag when
you gets injured in an accident with one of the scofflaws.
You ask, but how would that get my
bike fixed? Simple. Remember that even if you have medical insurance
that will cover your medical bills, you would still be entitled
to compensation for your lost wages, impairment and pain and suffering.
Thats YOUR money, to spend or pay bills as you please. If
you want to fix your bike, you can.
Dont forget that when you get
your insurance that you may be asked if you want to have your UM/UIM
coverage at the same limits as your own personal injury coverage.
For example, you can have liability coverage of $50,000/$100,000
(that $50,000 per person and $100,000 total per accident) and have
UM/UIM coverage in the same amount, or elect to have only $25,000/$50,000
UM/UIM coverage. The cost difference is very small, and the added
coverage you would have is immense. The best advise is to have the
highest limits (both liability and UM/UIM) that you can afford.
The reason for this two-fold. One, higher limits protect your assets
(your house, car, boat, vacation cabin, bike, etc.) if you get sued
after an accident. Two, higher UM/UIM protects you if you get injured
in accident, even if the other guy carries basic coverage. Lets
say you get injured in an accident that is the other guys
fault. You have damages from the accident (medical bills, bike repairs,
and pain and suffering) of $200,000.00. The other guys has basic
coverage, $25,000/$50,000. His insurance coverage pays you the $25,000.00,
leaving you with $175,000.00 of uncompensated damages. You can make
a claim for the additional damages from your carrier under your
UM/UIM coverage. However, you can only make a claim for coverage
to the extent that your UM/UIM coverage exceeds the other guys basic
coverage. For example, if you have $25,000/$50,000 UM/UIM coverage,
then you cant make a claim because your coverage doesnt
exceed his coverage. If you have $50,000/$100,000, you can claim
$25,000 of coverage from your UM/UIM coverage. The higher your coverage
is, the better your protection is.
Other writers in this magazine and
others devoted to the riders lifestyle have encouraged the
reader to carry UM/UIM coverage. Let me add my voice. There is no
excuse for ANYONE to decline UM/UIM coverage. It can be your resource
of last resort. Dont be caught on the wrong side of being
injured - protect yourself and your bike, and carry UM/UIM coverage.
You cant afford to play Russian Roulette - not for one hundred
dollars.
If you have any questions you would
like to ask the lawyer, please submit them to: ASK OUR LAWYER, P.O.
Box 2850, Indianapolis, Indiana 46206-2850, or email to mabeason@iquest.net.
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