Your Auto Insurance May Cover You and Your Family on Bicycles When Hit by a Car

Auto Insurance for bike injury? Yes if the driver of the car had no insurance or insufficient insurance, your own Uninsured Motorist coverage on your car insurance will usually kick in. If the reckless drives flees, in a hit and run, your Uninsured Motorist Coverage kicks in again. Even if the wrongdoer is never caught, your Uninsured Motorist coverage applies. We should also look for Umbrella policies which may also include UM coverage at higher limits for modest costs. Most states require similar coverage’s in their auto policies.

Also, in most states, when an individual is struck as a pedestrian, Uninsured Motorist coverage on her own automobile insurance policy potentially kicks in. The total available coverage in New Hampshire would be the total amount of UM coverage under the auto insurance policy that has to match the BI coverage. In a fatality, the decedent’s family would have to establish a probate estate to pursue that claim and then retain an attorney to look for the coverage from vehicles owned and operated by the decedent and possibly her family members.

Since coverage on your own vehicle is critical when you have a serious injury or death, it is important that you have substantial uninsured motorist coverage on your automobile policies. Frequently the cost of increasing your UM coverage 10 fold costs just a few more dollars. We all should review our own automobile policies as well as our umbrella insurance policies that could also provide uninsured motorist coverage. In New Hampshire, for example, an operator could obtain uninsured motorist coverage of $1 Million or $2 Million for a very modest cost on top of the auto coverage.  Your family deserves financial assistance when the worst happens.

2019 NEW HAMPSHIRE TRUCK/MOTORCYCLES CRASH NTSB INVESTIGATION CONCLUSIONS RELEASED

In a June 21, 2019 Randolph, NH crash, 5 motorcycle riders and 2 passengers died and 5 riders and 2 passengers were seriously injured.  The bikes had just left their hotel and were heading east on Rt.2 to an event to raise funds for disabled military veterans.  Moments after they entered the roadway in a staggered pattern, a pick up truck towing an empty transport trailer cross the center line, collided with the lead motorcycle and continued across the lane of the oncoming motorcycles, striking most of them with the truck and trailer.  The truck and trailer came to rest off the road on the wrong side of the road and started on fire. 

With 7 dead and 7 seriously injured the NTSB conducted a deep investigation and just released its 1300 page investigation and report.  Attorney Normand briefly summarizes their conclusion as follows:

1. This was clearly an avoidable accident;

2. The pick up truck driver was taking drugs that contributed to his reactive time;

3. The pick up driver should not have been driving since his license was suspended in Connecticut just two months prior to the accident.  Massachusetts Registry of Motor Vehicles received the notice of the revocation of this MA licensee, but they failed to follow state law and revoke the driver’s Mass. License as well.  Evidently they failed to act on many thousands of such out of state revocations in violation of their law;

4. The pick up driver’s employer did not provide any training, violated numerous federal operating requirements, shut down after this accident and may have reopened under another name operating in Florida, thus pointing out a problem in the system;

5. While the lead motorcyclist had alcohol in his system that exceeded the NH limit, he had little opportunity to avoid this collision, so alcohol use did not contribute in this instance;

6. Several deaths were due to blunt head injury and a USDOT approved helmet may have avoided some injuries.

7.  The motorcyclists were spaced too closely but they had just entered the roadway and did not yet have the opportunity to establish the proper spacing.

In sum, this was an avoidable tragedy that the transport company could have avoided if they had conducted the proper background check including drug testing.

*Images from NTSB Highway Investigation - 70 Docket Items - HWY19MH010

EVICTIONS AND FORECLOSURES HAVE BEEN STOPPED DURING THE COVID-19 CRISIS: BEWARE OF THE NON-PAYMENT TRAP

A recent Executive Order issued by New Hampshire’s governor prohibits eviction and foreclosure proceedings while our state gets through the COVID-19 emergency spreading across the nation.  The measure is designed to ensure people in New Hampshire can keep living in their homes and apartments even if they lose jobs and have trouble making payments to landlords and mortgages.

But renters and homeowners should be warned against missing their monthly payments unless they really have no choice.  As in many cases of temporary relief, the pain of payments is only deferred.  The Order’s fourth paragraph states: “No provision in this Order shall be construed as relieving an individual of their obligations to pay rent, make mortgage payments, or any other obligation which an individual may have under a tenancy or mortgage.”

This makes it important to anticipate down the road when the emergency passes and the Executive Order goes away.  Try to avoid the credit consequences of defaulting on your lease or mortgage.  An eventual eviction or foreclosure may make finding your next place more difficult, as negative references warn away future landlords or lenders.

VIRTUAL NOTARY EMERGENCY ORDER: A GAME CHANGER FOR COVID-19

In light of the pandemic and our need for social distancing to get though it, the NH Governor issued an Emergency Order allowing for Notarization of documents to occur through a virtual process.  Typically, the Notary by law has to have the signer physically present in order to verify their identity and witness their signature.  Under the new Emergency Order, the signer can be present virtually through the use on one of many software services like Zoom.  The Notary will still have to identify the signer, but can do this by being able to see and hear the signer, and then watch the signer sign the document, by using the computer’s camera.

So, a lawyer can revise a will or power of attorney for client, send it over as email attachment, and then have the Notary watch the client sign the document at home. Voila, a properly signed official document!  

There are a few technical requirements that all Notaries will need to learn.  You can view the entire Emergency Order No. 11 through the attached link:

https://www.governor.nh.gov/news-media/emergency-orders/documents/emergency-order-11.pdf