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Jsg4dfan
Posted on Wednesday, December 09, 2009 - 07:34 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I posted recently about my encounter with a deer in this thread:http://www.badweatherbikers.com/buell/messages/142 838/517111.html?1259625429

My insurance company is now telling me that they will not pay her medical costs unless she makes a claim against me for being negligent. That way, they conveniently get to jack my rates through the roof with an at-fault accident. Evidently, answering the question of whether or not I "...did everything I could to avoid the deer" was enough for them to deny the medical claim on that basis. I'm not sure I buy this explanation. Any insurance savvy guys on here?

I did NOT have personal injury coverage, but I do have what they call "motorcycle guest passenger", AND bodily injury. Are neither of these in effect under a comprehensive claim? Evidently they've never seen an deer strike claim where the passenger was injured but the driver was not. I hope they're not trying to dodge my claim, but I'm getting irritated...

Thanks guys...
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Black51
Posted on Wednesday, December 09, 2009 - 08:56 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Wow, sorry Jsg, I don't have any insurance experience, but sounds like a bunch of BS to me. I guess they get cheated by so many fraudulent claims that they are being stupid about it. Did you file a police report at the scene? Of course, I'm sure you did since an ambulance was on scene. I don't know what more the insurance company would need. You have the guest passenger insurance that you've been paying for all this time and now they won't honor it? I'd file the claim and then switch insurers. I found the cheapest insurance through Progressive. Full coverage, $500,000 maximums, for about $200 a year on the Uly here in Pa.
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Wesman
Posted on Wednesday, December 09, 2009 - 10:34 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Here in NJ your regular medical policy (supplied by your job or that you pay for privately) is required to pay your medical in the event of an accident.
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Thrill_ride
Posted on Wednesday, December 09, 2009 - 03:46 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I am experiencing this right now from Geico.
They say they won't pay my passenger's medical because it was a no fault accident.
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Portero72
Posted on Wednesday, December 09, 2009 - 10:38 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Sorry to hear that, man. This may sound like sour grapes, but insurers ARE a business, and it is in their best interest to take your money and not give you any. It does sound like BS. My best advice is to STAY ON THEM. Take it up the chain, call them everyday, continue to firmly(and calmly) plead your case to the same guy daily, whatever it takes. They are counting on you giving up before they have to give in. If all your ducks are in a row, and it sounds like they are, persistence(and stubbornness) is your friend. I've only had to fight with an insurance company that way once, but that is how it worked out in my favor.
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Swampy
Posted on Wednesday, December 09, 2009 - 11:39 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

+1 on call them every day, don't sign anything nor should you settle on anything until you get what you want.
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Buewulf
Posted on Thursday, December 10, 2009 - 12:28 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

It is a pretty misunderstood (misrepresented really, IMHO) that passenger medical liability covers medical expenses for your immediate family. Your insurer is correct: she would have to file a negligence claim against you (it wouldn't matter if the accident were no-fault, at-fault or not-your-fault), which most states won't even allow for direct family members in cases involving auto/household accidents. The point of that coverage is to discourage a more dramatic lawsuit by having a quick avenue to a "fund" to pay for some minor medical treatment for unrelated passengers under your charge. Limits are usually less than 3K in most states.

Bodily injury covers you against liability for anyone injured by you NOT riding on the motorcycle as well as your passengers not living in your household or of direct relation.

Personal Injury Protection is the ONLY intended vehicle for covering medical expenses to you and your family as an extension of an auto or MC policy (besides un/under-insured motorist coverage options). In most states, in only kicks in if you don't have health insurance. Coverage limits vary dramatically by state, but most policies cover 80% of the bill up to the PIP limit ($10K in many cases) after the deductible is met. This would be the only coverage on your cycle policy that could have covered your wife's injuries.

Comprehensive, BTW, only covers damage to your motorcycle NOT cause by your operation of the vehicle OR caused by another motorist. If you wrecked it, you need Collision coverage. If someone runs over your bike in the parking lot, their insurance or your uninsured motorist coverage covers that. Comprehensive isn't that comprehensive.

Health insurance will pay for her injuries if you have it.
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Royintulsa
Posted on Thursday, December 10, 2009 - 08:40 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I am an insurance professional, if you want to mail me a copy of your policy I would be glad to look at the fine print for you. Every state is different and coverage varies from company to company.

Most adjusters just do what their supervisor tells them to do with out reading your actual policy.

Let me know if I can help, email me at roy@tulsaconnect.com.
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Eulysses
Posted on Thursday, December 10, 2009 - 09:12 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Thanks for bringing this to the forum Jsg. And to those who respond. This is good stuff!
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Buewulf
Posted on Friday, December 11, 2009 - 09:33 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Way to go Roy. I'd take him up on it Jsg. Things differ so much by state that it is difficult to to say with any certainty what kind of coverage you have without reading the policy. And insurance policies may as well be written in coded ancient Egyptian as difficult as they can be to understand.
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Cityxslicker
Posted on Tuesday, December 15, 2009 - 03:18 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

so in the entire insurance industry actuarial no rider has ever hit a deer and come through clear but the passenger suffered a loss ? I find that incredibly hard to believe. I will admit that the adjuster may have not seen that type of claim before, but it has undoubtedly occured before.

Your policy fine print is the key to all your angst. On the upside, the adjuster might be only slightly more aware of the situation than you are.
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Vic_647
Posted on Monday, December 28, 2009 - 08:21 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Jsg, I hope you're getting the help you need for this. You may also want to contact the Insurance Commission to find out specific rules in your state and/or file a complaint against your insurance provider.

Texas insurance commission: http://www.tdi.state.tx.us/

Good luck!
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Eulysses
Posted on Wednesday, December 30, 2009 - 01:20 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

I just bought minimal liability from Allstate and they told me passenger liability/medical was mandatory as part of the deal here in WA state. I would never have asked without this thread. Thanks.
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Slipknot
Posted on Wednesday, December 30, 2009 - 09:01 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Another insurance question, unrelated to original post. I once worked at a dealership that wanted all the employees to ride all the models so we could talk with customers about them. One employee told me my insurance would cover the bike if a I crashed. Is this so?
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Royintulsa
Posted on Wednesday, December 30, 2009 - 08:56 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

No, slipknot, the insurance always follows the name on the title of the vehicle.
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Cityxslicker
Posted on Thursday, December 31, 2009 - 01:01 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Eulysses, that is not a state requirement, that is at best an Allstate requirement, at worst, it is inaccurate information from an a source that I would seek a second opinion on.

There is NO required insurance on a motorcycle in Washington. Liability, collision or PIP. If you have a loan on the bike, the lien holder will require you to have an insurance policy to cover the asset and secure their interest. Was licensed in Wa for years as an ins agent, did underwriting and audit as well. You are better off with an over arching umbrella policy than the med limits that a vehicle coverage offers as a rider. Hell the ambulance bill alone will blow through most limits on an accident for a bike.

I am no longer on the sales side of the biz, but I do keep my finger in the mix; your info is inaccurate.

* Remember each state has their own requirements and licensing restrictions for insurance and vehicle operation. consult your local trusted experts for your particular situation.
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Froggy
Posted on Thursday, December 31, 2009 - 01:29 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)


quote:

Hell the ambulance bill alone will blow through most limits on an accident for a bike.




DAMHIK.
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Cityxslicker
Posted on Tuesday, January 05, 2010 - 02:40 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

dirty lil secret in the insurance industry...
full coverage, aint.
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Hotdog271
Posted on Tuesday, January 05, 2010 - 09:52 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

My Insurance company was fairly clear about my passenger... they are not covered. Neither am I. My healthcare would have to pay. I thought this was kind of funny.

Royintulsa, thanks for helping out, that is nice of you. Can you lay any truth to the fact that in PA, Rider insurance will not cover any medical expenses? Does this sound possible?
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Eulysses
Posted on Tuesday, January 05, 2010 - 10:03 pm:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

City...we have the umbrella so my liability was fairly cheap on the Uly (Dual Sport has the best rate). But I did ask specifically about my passenger being covered and the response (verbal) was that it was part of the requirement (assuming WA state) but perhaps that meant Allstate. Not sure what to ask then. Or read.
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Ridewithrider
Posted on Monday, January 11, 2010 - 09:22 am:   Edit Post Delete Post View Post/Check IP Print Post    Move Post (Custodian/Admin Only) Ban Poster IP (Custodian/Admin only)

Rider covers all medical expenses of passengers or pedestrians if the accident was the fault of a Rider insured. It does not matter if the passenger was a family member, they would still be covered in such an instance. Rider also covers 5K of a pedestrian’s medical expenses even if the Rider insured was not at fault. Rider does not cover medical expenses for the operator.
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