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Uninsured Motorist Coverage (UM) May Cover You In A Bicycle Accident

8/9/2016

 
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Many people in California do not realize that if they are hit by an uninsured vehicle while riding a bicycle, their claim may be covered by the victim's own uninsured motorist coverage or the coverage of the member of his or her household. For instance, a claim of a teenage hit by an uninsured driver will usually be covered by the uninsured motorist coverage of his parents' vehicle, if in fact they purchased the UM coverage, and it's part of their policy at the time of the accident. The same coverage would apply of the driver at fault has fled the scene of the accident after hitting the bicyclist.

The law says that the occupant of insured vehicle "or otherwise" is covered by the uninsured motorist policy. The phrase "or otherwise" provides broad coverage to this class of insured. They need not be occupants of a car involved in a collision. They only need to demonstrate that they were injured as a result of the uninsured motorist's neglect. (E.g., a relative in the named insured's household is covered if struck by an uninsured motor vehicle while a pedestrian.) See Lopez v. State Farm & Cas. Co. (1967). 

​California Vehicle Code Section 11580(b)(2) mandates coverage for the named insured, spouse or relative residing in the same household "regardless of whether the individual is in a motor vehicle or on a horse, motorcycle, bicycle or stilts, when injured by an uninsured or underinsured motorist, so long as one of the statutory exclusions does not apply." Daun v. USAA Cas. Ins. Co. And it doesn't matter that insured was not in the insured motor vehicle, but was riding a non-owned motorcycle at time of accident. 


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Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer
We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
    • Mediation Tips
    • Effective Mediator
    • Suing Current Employer
    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case