California Injury Blog
A hit-and-run accident at the Acton and Ashby intersection near San Pablo Avenue has put a bicyclist in the hospital. According to a news report, CHP officers are looking for a motorcyclist and a now damaged 2006 blue Suzuki GSXR 650 believed to be responsible for running the woman bike rider down late evening Sunday.
CHP spokesman Sam Morgan is quoted in the article stating officers had earlier been chasing the speeding two-wheeler on the Interstate 80 but decided to stop on city streets as the motorcyclist turned off at the Ashby Avenue exit.
This accident must come as a terrible blow for the victim and her family and I hope and wish her a fast and easy recovery. It is terrifying to imagine an accident such as this that happens out of nowhere causing an innocent person personal injury and suffering.
As a California bicycle accident lawyer who has handled many such cases, I doubt there is enough insurance coverage to cover the bicyclist’s medical expenses and losses – even if the motorcyclist is identified and insured. However, what most people and many attorneys do not understand is that the bicyclist’s auto insurance policy contains coverage for expenses and losses from this type of motorcycle vs. bicycle accident.
The “uninsured/underinsured motorist” and “medical payments” provisions of the bicyclist’s auto insurance policy covers this type of accident, even though the bicyclist was not in her car.
If the motorcyclist is never identified or is identified and has no insurance, this accident would be considered an “uninsured motorist” accident and the bicyclists’ “uninsured motorist” coverage will be available to her. If the motorcyclist is identified and is insured, the bicyclist’s “underinsured motorist” coverage will supplement the motorcyclist’s coverage if it is not enough to cover the bicyclist’s damages up to the limit of her policy.
Generally, in a traffic accident like this one, the injured bicyclist will be better off using any medical insurance coverage she has first, before using her auto insurance coverage. Most likely, if the bicyclist has auto insurance, the policy contains a “medical payments” coverage provision. This coverage can be used to supplement any medical expenses not covered by her medical insurance.