Marathon Winner Prevails Against Negligent Driver and Insurance Company
An active runner and bicyclist was commuting by bicycle when a pickup truck ran a stop sign and drove into the bike lane. The truck struck the bicyclist, severely fracturing his forearm and causing permanent injuries. We settled the case against the driver for the driver’s insurance policy limits, but that was insufficient to compensate the bicyclist for the full harm he suffered.
We then brought a claim against the bicyclist’s own insurance company for Underinsured Motorist benefits. Every policy of auto insurance issued in Oregon includes at least some amount of Underinsured Motorist coverage, which is intended to provide additional funds if the at-fault party does not have sufficient insurance to cover the harms. We were eventually able to settle the bicyclist’s Underinsured Motorist claim for the full amount of those benefits available under his insurance policy.
Absent collisions, bicycling is generally recognized as a healthy activity. Bicycle commuters cut down on fossil fuel use and pollution. But prejudices against bicyclists persist with some motorists.
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