UTAH BICYCLE ACCIDENT LAWYER JAKE GUNTER
QUESTION: I was hit on my bicycle at college by a car. Whose car insurance covers what?
ANSWER: The car that hit you is primary coverage. Secondary insurance coverage can be your own car insurance. Even when your car wasn’t involved and was parked at your house.
(1). The At-Fault Insurance Carrier. The car insurance for the person that hit you will cover your injuries. That person’s insurance is called the “liability carrier”, or “at-fault insurance carrier.” The maximum amount they will cover is their “policy limits.” In Utah, the state minimum policy limits are $25,000 per person, $65,000 per occurrence.
See this article on Utah State minimum insurance policies. https://www.gunterinjurylaw.com/proper-car-insurance-selection/
(2). Your Car Insurance. Underinsured/Uninsured/PIP Carrier. When you are hit on your bike riding to Utah Valley University, your own car insurance can also provide money benefits. Even if your car was not involved and was sitting in your driveway at the time of being hit on your bike.
Here are the types of insurance benefits your own car insurance can offer you when you are hit on your bicycle.
Secondary Personal Injury Protection Benefits (“PIP”). PIP benefits contained in Utah car insurance policies issue at least $3,000 in medical payments for medical bills incurred in your bicycle accident. When you are hit on your bicycle, the primary PIP insurance carrier is with the car that hit you. Once the at-fault car’s insurance benefits are exhausted, you can ask your own car PIP insurance company to start paying secondary PIP benefits. Stacking.
Basically, the car that hit you is first up to pay PIP benefits. Once exhausted you can sometimes turn to your own PIP benefits and use them also. Freeing up another $3,000 in medical bills.
See these articles on PIP coverages, stacking and PIP denials.
Underinsured Motorist Coverages (“UIM”). UIM benefits are included with your own car insurance and kick in when the at-fault insurance carrier didn’t have adequate insurance to cover your injuries. The rule is that you must exhaust the at-fault insurance carrier before you can ask your own insurance carrier to pay underinsured motorist benefits.
Sometimes you can stack UIM policies.
Uninsured Motorist Coverages (“UM”). UM coverages can apply when you are hit on your bike in “Hit & Run” situations. Examples are where you are hit by a car and the car fled the scene. Or you are hit by a car on your bicycle and that car ends up not having car insurance at all. Lastly they can be hit & run situations where the car didn’t touch you, but caused you to fall off, or otherwise be injured. This is called a UM hit & run, no contact insurance claim. You can say—insurance companies are skeptical of these claims and an increase proof level is used at clear and convincing evidence beyond just the insured’ own testimony.
See these articles on UM coverages, benefits, denials and denials.