My Medical Bills Exceed the Liability Policy

[vrogers64]

My question involves an injury that occurred in the state of: Arkansas

My boyfriend and I were involved in a motorcycle wreck July 3, 2011. The fault of the wreck were determined to be caused by an "Act of God". A rock flew up and hit him in the forehead causing him to lose control. The motorcycle belonged to my 23 yr old daughter and we had just borrowed it. The motorcyle was only covered by liability insurance. We were both injured in the accident. He had a couple of broken ribs and I had a gash above my right eye and a broken orbital bone around my left eye. We were both transported by ambulance. My medical bills are around $35,000.00 and the liability limit on the policy is $30,000.00. The insurance company said they will only cover my costs as a passenger and not cover the costs of the driver. The adjuster is still working on the case and has not offered any settlement. I am just trying to get some facts so I can know what to expect.

My first question is should the insurance company cover the driver of the motorcycle?

What will happen if the insurance coverage does not cover all my medical bills? Obviosly I can't sue my daughter.

If they pay me the full $30,000 who do I pay first?

Thanks for any help on this issue.

[jk]

the insurance company is going to pay only as much as they are contracted to pay. If their limit per accident is $30k, then that is all they will pay, period. Just to be clear; was the policy limit $30k per accident or $30k per occupant?

If you do not have other medical insurance that will cover this, then you end up owing the medical providers for the balance remaining after the insurance pays what they are bound to pay.

In Arkansas, an insurance company can sell a policy where the owner does not have medical coverage. If your daughter did not purchase a policy with owner or first party medical coverage, the driver would not be covered.

[Who'sThatGuy]

Most if not all motorcycle policy's don't cover personal injury to the rider unless it bought beforehand.

Where did this rock come from? Was it kicked up from the road by another vehicle, or did it come off a truck working on a highway or part of the trucks load?

[peterparklaw]

Was he wearing a helmet if the rock hit his forehead?

[davidmcbeth3]

30K is way to low for a cycle .. you are lucky to only possibly being out 5K ... if coverage is there.

And to point out: rocks from the ground causing damage is an act of god. Rocks being thrown from another vehicle onto you may not be.

Good example is those wonderful construction trucks that spew rocks and whatnot at you when your convertible's top is down. If it goes from the truck to you then the trucker has a problem ; if it goes from the truck to the ground to you then you have the problem. Its a generalization here & may depend on your state.

[Who'sThatGuy]

A motorcyclist in Arkansas isn't required to wear a motorcycle helmet if over the age or 21.

[vrogers64]

Thanks for the replies.

The rock was picked up by an SUV we were meeting on the road. We were not wearing helmets.

The policy states is $30,000 per person a maximum of $60,000

[Who'sThatGuy]

Normally when a vehicle picks up a rock or debris from the roadway they cannot be held liable for the course that follows when the rock is thrown from the rear of the Vehicle.

I asked because IF the rock had come from a dump-truck that was hauling stone, or part of a load from a truck, the driver and owner of the truck would be liable for the damage and you could have recovered any out of pocket money from them.