ALWAYS GET CONTACT INFORMATION FROM A DRIVER WHO HITS YOU ON YOUR BICYCLE
A short while ago, a 12 year old boy was bicycling in the street in Waukesha County and a car cut the corner short and crossed into his lane and struck him. The vehicle stopped, three males got out and checked if the boy was o.k. The boy said he was o.k. and the three men left without providing any information about who they were. Witnesses also failed to identify the vehicle or its occupants. The boy’s parents called the police a short time later but the police failed to determine who was driving the car.
Although the boy thought his injuries were minimal, it was later determined that he suffered two broken bones for which he had two surgeries and significant recovery. The medical bills exceeded the families health insurance coverage and they sought recovery under their uninsured motorist policy. They claimed a hit and run with an unidentified vehicle.
Acuity insurance claimed that since the vehicle stopped and checked on the boy, it could not be a hit and run.
In an unpublished opinion (Feb 18, 2009), the Wisconsin Court of Appeal determined the meaning of hit and run and applied Wisconsin Statutes including: Wisconsin Uninsured Motorists (632.32 (4) and Wisconsin Criminal Hit and Run (346.67) Infra:
Wisconsin Stat. § 632.32(4) states in relevant part as follows:
A short while ago, a 12 year old boy was bicycling in the street in Waukesha County and a car cut the corner short and crossed into his lane and struck him. The vehicle stopped, three males got out and checked if the boy was o.k. The boy said he was o.k. and the three men left without providing any information about who they were. Witnesses also failed to identify the vehicle or its occupants. The boy’s parents called the police a short time later but the police failed to determine who was driving the car.
Although the boy thought his injuries were minimal, it was later determined that he suffered two broken bones for which he had two surgeries and significant recovery. The medical bills exceeded the families health insurance coverage and they sought recovery under their uninsured motorist policy. They claimed a hit and run with an unidentified vehicle.
Acuity insurance claimed that since the vehicle stopped and checked on the boy, it could not be a hit and run.
In an unpublished opinion (Feb 18, 2009), the Wisconsin Court of Appeal determined the meaning of hit and run and applied Wisconsin Statutes including: Wisconsin Uninsured Motorists (632.32 (4) and Wisconsin Criminal Hit and Run (346.67) Infra:
Wisconsin Stat. § 632.32(4) states in relevant part as follows:
Required uninsured motorist and medical payments coverages. Every policy of insurance subject to this section that insures with respect to any motor vehicle … in this state against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the … use of a motor vehicle shall contain … the following provisions:
(a) Uninsured motorist. 1. For the protection of persons injured who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness or disease, including death resulting therefrom, in limits of at least $25,000 per person and $50,000 per accident.
2. In this paragraph “uninsured motor vehicle” also includes:
….
b. An unidentified motor vehicle involved in a hit-and-run accident.
WISCONSIN HIT AND RUN 346.67
The operator of any vehicle involved in an accident … shall immediately stop such vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until the operator has fulfilled the following requirements:
(a) The operator shall give his or her name, address and the registration number of the vehicle he or she is driving to the person struck or to the operator or occupant of or person attending any vehicle collided with; and
(b) The operator shall, upon request and if available, exhibit his or her operator’s license to the person struck or to the operator or occupant of or person attending any vehicle collided with; and
(c) The operator shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
In the end, the court concluded that a hit and run occurs when “The claimant can sustain the burden of proof to show that an unidentified motor vehicle left the accident scene without providing identifying information.”
3 LESSONS FOR BICYCLISTS AND DRIVERS TO TAKE FROM THIS CASE
1. If you are driver, give contact info to avoid getting charged with hit and run.
2. If you are bicyclist, get the drivers information to avoid insurance problems.
3. Have strong uninsured and underinsured coverage to protect you while riding your bicycle. (if the driver who hits you while you are biking has no insurance or not enough, your un and under insurance can kick in to cover the difference).
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