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.
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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