TWO WHEELED VEHICLES
Without a doubt, the riders of two-wheeled vehicles are vulnerable to catastrophic injury. In the collision contest between a motor vehicle car or truck and a bicycle, moped or motorcycle, those on the two wheeled vehicle are at a greater risk of severe injury. Contact Us Now. Due to Hawaii’s insurance laws, different factors may trigger insurance coverage to help those injured under both vehicle insurance, and a person’s own personal healthcare coverage. As a former insurance defense attorney and career plaintiff’s personal injury attorney, Matthew S. Kohm Attorney understands the law, application, and issues to help you navigate the insurance intricacies of these claims, and how to maximize applicable insurance coverage and has represented many two wheeled claimants. Matthew S. Kohm Attorney is a licensed motorcyclist for over 30 years.
“DOES A COLLISION REQUIRE VEHICLE AND TWO WHEELED VEHICLE CONTACT?” NO. If the action of a motor vehicle driver causes two wheeled vehicle to lay bike down, or cause injury because operator seeks to avoid impact, a claim still exists.
A person injured on a bicycle due to the actions of a motorist has a claim against that driver, to the extent the driver caused the accident collision. The bicyclist would have an injury claim under the liability portion of the automobile insurance, if auto driver caused the accident collision. ALL auto insurance carries Personal Injury Protection (“PIP” medical payments coverage), for (1) injuries to occupants of the vehicle, and also (2) any other people injured by the automobile such as a bicyclist or pedestrian. This means PIP medical coverage is EVEN available to the bicyclist if he/she causes the collision. (Of course there would not be a liability claim, but the bicycle rider would have some help in paying for medical bills). IF the auto motorist flees the scene, the bicyclist may still have a claim under his/her own automobile insurance if he/she has uninsured motorist and/or under-insured motorist coverage. A bicyclist would have PIP coverage under his/her own auto insurance for injuries caused by a collision involving a motor vehicle, but the involved motor vehicle insurance for PIP is primary.
Please read the above synopsis for a bicycle rider as the same insurance provisions apply to a moped rider. Insurance is and can be triggered from the automobile that causes collision, and it may also be triggered from a person’s own automobile insurance when a qualified engine size exists. If a moped or motor scooter is 50 cc’s or less in motor size, then automobile insurance is triggered on the offending vehicle. An injured claimant will often need an attorney’s help in triggering insurance that would come from the at-fault automobile driver. Keep in mind, even if the collision is the Moped operator’s fault, they may be entitled to medical payments insurance (see above). As an Attorney, I have seen a big rise in Moped injury claims and understand the complex insurance claim issues, which may involve triggering payment help from a person’s personal health insurance after automobile PIP medical insurance is exhausted.
If you were injured on a motor scooter with an engine size that exceeds 50 cc’s, you would still have a Liability claim on the auto driver, to the extent he/she is at fault. However, your claim is treated like a motorcyclist below.
I have handled a number of injury and death claims for the operators of motorcycles, and have handled insurance claim disputes to maximize coverage and recovery. In Hawaii, mandatory insurance on a motorcycle does not require PIP medical insurance for operators and passengers. While I have seen some Hawaii policies that offer coverage for medical injuries, it is usually restricted to passengers. Otherwise, a motorcyclist usually needs to seek help for medical injuries from his/her personal health insurance. Also, a motorcyclist and passengers injured, may have a claim under their own personal auto under-insured motorist and uninsured motorist coverage if they have it. An Attorney can help expedite and navigate these insurance issues, entitlement, and negotiation of any requests for lien repayment from health insurance or other entities.
“THE AUTO DRIVER HAD NO INSURANCE, AM I STUCK?” NO. There are sources that can help people injured by uninsured drivers, and these even apply to Two-Wheeled vehicle operators and passengers. Call My Office for a Free Consultation to discuss how I may be able to help you.