ALLSTATE LOSES ----- MOTORCYCLISTS WIN
by: J. THOMAS "TOM" McGRATH
An attempt by Allstate to eliminate motorcyclists from medical payment coverage went down in defeat in the case of a young passenger on a bike.
Jennifer L, a teenager, living with her grandmother went for a ride on a motorcycle, owned by a friend. The driver crashed the bike and Jennifer was injured. Her grandmother had a policy of insurance on the grandmother's car with Allstate Insurance Company. For an extra premium the grandmother purchased a $1,000.00 medical payment benefit which would reimburse any resident relative of the grandmother's household up to $1,000.00 for injuries sustained in an accident. The law in Virginia requires an insurance company that sells bodily injury liability insurance to also offer medical payment insurance provided it covers the named insured and any resident relative of the named insured while in or upon, entering or alighting from or through being struck by a motor vehicle....
Allstate sold the coverage to Jennifer's grandmother but had changed the language in it's policy to limit the coverage to injuries sustained while in or upon a four wheel vehicle. This attempt to cut motorcyclists out of coverage is part of what I see as an ongoing struggle between us and the insurance industry. They keep trying to take away our freedom to ride by trying in every way to deny us coverage. Suit was filed in the Circuit Court of The City of Richmond based on the statutory language and the fact that the definition of "motor vehicle" in Virginia includes motorcycles. In addition to the $1000.00 that we claimed was owed to Jennifer L. we asked for double the damages plus attorney fees and court costs. I argued and the Court agreed that Allstate's effort to change it's policy was really an attempt to change the Virginia statutory law. The Court declared Allstate's definition void and we received a check in the amount of $6345.00. Not bad for a $1000.00 claim.
If you have medical payment benefits on any of your policies check the language and if you find that it is similar to Allstate's , that is it defines a motor vehicle as an automobile or vehicle having four wheels, let me know.
It has been a long hard fight and one that you need to keep in mind when you consider your support for VCOM.. VCOM needs to have funds available to make an impact with the members of the General Assembly to make them aware of these cases when they come up. Remember this, companies that write insurance are always seeking ways to limit what they have to cover. Only we can protect our rights.
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