By Glenn C.McGovern
Attorney at Law
Email:gcmcg@mac.com
Two years ago I tried a motorcycle/automobile accident case in St. Tammany Parish, Louisiana, where a motorcyclists lost a leg when an unlicensed, drunk driver T-boned him in a large SUV vehicle, requiring the amputation of his leg. The driver had past multiple criminal motor vehicle violations for driving while intoxicated (DWI) and DUI convictions. The drunk, unlicensed, uninsured, driver has just pulled out a local alcoholic beverage outlet/bar striking him without warning. A 2.83 million dollar judgment was obtained but could not be collected as of date. The motorcyclists did not have any uninsured motorists or under insured motorists coverage on his policy of insurance on his motorcycle that would have paid him something for his terrible injury.
In December of 2010, a teenager driving a Chevrolet Apache truck SUV made a illegal left turn into a motorcycle driver/client and his wife on a Honda Goldwing on a Sunday afternoon. The husband/motorcycle driver sustained severe arm and shoulder injuries requiring surgery. The teenage SUV/truck driver only had a $100,000 dollar insurance policy, which the insurance company tendered after suit was filed. The motorcyclist had uninsured motorists coverage on his two other cars, but no uninsured motorists insurance (UM) coverage on his own motorcycle. His agent had told him he could save $23.00 per month if he signed a waiver stating he did not want the coverage of UM insurance. His recovery was limited to the teenage driver policy limits of $100,000 even though he had a large loss of wages, large medical bills and a permanent disability that lead to a loss of his job. If only he had elected to carry uninsured motorists coverage UM for $500,000 or $1,000,000 limits, he and his family would have been protected from financial hardship.
I recently flew to Deridder, La. to see a new client in a rehabilitation center with two broken legs, a broken hip, and two broken arms. On another case a motorcycle passenger had a trimalleolar 2 fracture of the ankle requiring surgery and metal appliances to be inserted. The single-‐mom SUV driver while talking on a cell phone failed to yield at a stop sign pulling out without warning and made a left turn into their Harley Davidson Cruiser on a bright sunny Sunday. The driver only had the Louisiana state minimum liability coverage of $15,000 per person with $30,000 liability limits. These policies are advertised on TV, cable and the Internet as being cheap and easy to obtain with low monthly payments offered. Many times the driver only pays the first or second months payment, causing a lapse in insurance coverage. Then the now uninsured driver is driving on public highways in their automobile, truck or SUV with no insurance coverage.
These are actual cases.
These are actual cases. It is estimated in Louisiana that over 45%-60% (depending on what parish) of the drivers of motor vehicles are totally uninsured with no insurance coverage. The vast majority of these policies are small with the state minimum coverage of $15,000 per person with a total limit of $30,000. This is most likely grossly inadequate insurance coverage for the typical motorcycle traumatic injury.
There are two types of UM coverage available in Louisiana: 1. UM that covers damages sustained up to the selected coverage above or below the driver selected liability limits. One should always select at least $500,000 UM or $1,000,000 UM limits to be protected from an uninsured or underinsured motorist. 2. Economic UM coverage that should not be selected. This economic UM only covers car damages, actual medical expenses and limits damages. It does not fully cover all damages such as physical pain and suffering and mental anguish not to mention full disability or death.
If you select economic UM you are still not fully covered in the event of an accident.
You will have to sign a waiver of UM coverage. If you do not sign a UM waiver form with your insurance agent, you will only have UM coverage up to the limits of your policy. For example if you have $15,000 liability limits you will only have $15,000 of UM coverage- still totally inadequate.
CONCLUSION
Every motorist and motorcyclist should carry adequate UM coverage of at least $500,000 per person on every vehicle they own to be fully protected. Don't be penny wise and pound foolish in the event of being struck by an uninsured or underinsured vehicle.
Glenn C.McGovern, Attorney
gcmcg@mac.com
