[SDCBC] SD Bike shop owner Mike Simmons hit by car

[Richard Duquette]

List mates

Its terrible to see this kind of situation.I Hope Mr Simmons gets well soon.

I do have to comment that all is not lost even if the guilty 
/negligent driver has minimal insurance coverage.

Once the drivers minimal insurance policy is tapped out, then the 
cyclists Own under insured motorist Auto policy will kick in and pay 
out,minus the credit of the underlying policy amount.

For example, if the guilty party has 15k and the cyclist has a 500k 
policy, then you can recover 500k.

The cyclist under insured motorist insurance co gets credit for 15k, 
and only pays out 485k.No matter how you slice it, the cyclist gets 
500k,minus atty fees & litigation costs.

I keep harping on getting good under insured motorist coverage backed 
up by an umbrella policy of 1 mil.Then low limits is not an issue, so to speak.

There is hope.I wrote an article called Don't skimp on insurance... 
that explains this on my web page under citizens legal press articles.

Sincerely

Richard Duquette
Carlsbad
www.911law.com


    At 10:48 AM 8/30/2007, you wrote:
>Your list postmaster just has to make a comment on this....
>
>  From (unfortunate) personal experience, this most likely results
>in, at most, a ticket for running the red light.  No criminal
>prosecution because it's "Accident not amounting to criminal
>negligence."  What amount does, well, no one knows.  Probably
>whether the police or DA think they can prosecute and get a
>conviction (like, witness testifies person deviated from path
>to hit someone).
>
>Civil recourse is also probably extremely limited.  I feel badly
>for Mr. Simmons.  19 year olds probably have no assets and only
>the minimum State mandated auto insurance for liability.
>
>As a pedestrian, I just have to approach every intersection with
>this possibility in mind.  Cross defensively.  It's not fair, but
>the harsh reality is I'm not going to win a pedestrian versus
>automobile collision at any speed.
>
>--James
>
>Wade Blomgren wrote:
> > On 8/29/07, Tom Lettington <tlettington at san.rr.com> wrote:
> >
> >> I'm wondering if this is being termed "an accident" by the police?
> >
> > Of course it is.
> >
> >>From the UT:
> >
> > "Alcohol did not appear to be a factor in the accident, police said.
> > The city's Traffic Division is investigating."
> >
> > You're not seriously suggesting that the driver could have avoided
> > this unfortunate random sequence of events by actually taking some
> > responsibility for her own behavior, are you?  That's just crazy talk.
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Richard L. Duquette
Criminal Defense &
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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