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Gary Doehling P.C. a personal injury law firm will be opening a new office in the Aspen, CO area September 1, 2010.  Attorney Gary Doehling has been practicing law for over 27 years and  has the experience to help you pursue auto and motorcycle related injuries. 

You are invited to call Mr. Doehling at 970-241-9370 for your free consultation.

In the following post

http://doehlinglaw.com/blog/uninsured-motorist-coverage/motorcycle-accidents-in-colorado

I discussed the importance of proper insurance coverage for street legal motorcycles.  I will now discuss interesting points of consideration for dirt bikes and atv’s or any other “toy” that you may have that is not intended for use on a public road and is not subject to title and licensing.

HOMEOWNERS INSURANCE POLICIES USUALLY CONTAIN LIABILITY EXCLUSIONS FOR MOTORCYCLES, ATV’S, BOATS, AIRPLANES.

Again, my experience as a claims manager for an insurance company for many years brought to my attention (on several occasions) the trouble people get themselves into because of their lack of follow through to obtain proper insurance for a dirt bike,  atv or other “toy” they own. I will discuss more particulars regarding Boats and airplanes in a future writing.

You need to automatically assume that you DO NOT HAVE ANY INSURANCE COVERAGE (liability or physical damage) for any toy you buy, own or control unless and until you have a meeting with your insurance agent and he or the company your insured with gives you something in writing that says otherwise.

YOU need to address the following steps if YOU are buying an dirt bike, atv, boat, airplane or any other “toy” that you may have that is not intended for use on a public road and is not subject to title and licensing.

1) DISCLOSE TO YOUR INSURANCE AGENT ALL MOTORIZED “TOYS”  THAT YOU OWN.  For your own protection it is best if you submit a written list of those motorized toys to the agent with

Name of actual owner (individual, commercial entity etc…)

Make

Model

Horsepower or size of engine

Year

Use (i.e. recreation, farm, commercial)

Lien (do you owe money on it if so to who?)

Value (replacement and current market value)

Likely Operators of the unit (you, spouse, children, friends relatives etc…)

2) Have your agent or agents secretary acknowledge receipt of your list in writing for your records.

3) Sit down and discuss with your agent your wishes to be protected for liability arising out of the use of any toy that you may own or control.

4) Sit down and discuss with your agent your desire to have physical damage coverage for the toy(s) if indeed you want to compensated for the value of same if damaged.

5) Ask your agent if their is MEDICAL PAYMENTS coverage available if you or another operator is injured while operating the toy. This is very important coverage for you and any passenger that may be on the vehicle.

6) Ask your agent if the liability coverage extends “off premise“. Can you take the toy away from your residence premises and still have the same liability and physical damage coverage that you may have at your resident premises?

7) Discuss with your agent if indeed the toy has  a “multi purpose“.   Is it used for farming or commercial work as well as recreation? The agent needs to know this and you need to stress that you want liability coverage for all uses.

Review your list of “toys” with your agent each and every year or sooner if you acquire or sell a new toy.

As an insurance claims manager, I witnessed the failure of the toy owner to report to his agent that he/she even had a “toy”. This was a problem for the owner as a denial was usually sent in quick order when there was no liability endorsement or other liability coverage specifically listing that unit involved in an accident.

I also worked and reviewed several personal injury insurance claims where the children of an atv or dirt bike allowed others to ride with them or allowed others to operate the toy. Sure enough that person or all involved are injured and again there is no coverage because the owner simply failed to sit down and discuss the toys with his/her insurance agent.

You are invited and encouraged to contact Gary Doehling Personal Injury Law Firm P.C. in Grand Junction, CO and schedule a free consultation with Gary should you or a loved one been injured in a motorcycle accident in Colorado or Utah.

Toll Free 866-941-9370

Scott Krug, CPCU

Claims Manger

Gary Doehling Personal Injury Law Firm P.C.

www.doehlinglaw.com

I had the opportunity to work and manage several bodily injury claims arising out of the operation of ATV’s in my previous employment as a claims manager for an insurance company.   Bodily injury arising out of the use of ATV’s can be very serious. I would like to take the time to discuss a very important matter for the owners of the ATV’s.  The losses always began with the following question:

Is the ATV covered for liability insurance?

Specifically, you should not assume that your homeowners insurance provides liability coverage.  Farmers and Ranchers should not assume that their Farm & Ranch policy provides liability coverage. Same with business owners.

Owners of ATVs need to take the time to sit down with their insurance agent and let them know they have one or more ATVs and what the ATV is used for and where it is likely to be used.  For instance, a Farm and Ranch policy may provide liability insurance only while it is being used in the operation of the farm or ranch and only while on the described premise. That same policy may also EXCLUDE coverage if the ATV is not in the scope of operation for the farm or ranch. It may also exclude liability coverage if the ATV is off the described premise at the time of the loss.  Again, review your policy with your insurance agent to verify what coverages the existing insurance policy may provide for an ATV and liability associated with the use of an ATV.  Special endorsements may need to be added to your insurance policy for the proper coverage.

The majority of the claims I worked or managed concerned youthful operators carrying a friend as a passenger. The passenger usually gets hurt and incurrs serious injury. Many times I had the unfortunate task of informing the owner of the ATV and the family of the injured party that there is no coverage for the accident as the ATV was not insured properly.

If you are injured in an ATV or auto accident in Colorado or Utah, you may contact Gary Doehling Personal Injury Law Firm P.C. for a free consultation. Toll Free 866-941-9370

Scott Krug, CPCU

Claims Manager

Gary Doehling Personal Injury Law Firm P.C.

www.Doehlinglaw.com

P.S. Do you have heavy equipment on a Farm or Ranch? Give us a call to discuss how to buy proper insurance for liability and physical damage.   Looking to buy a piece of heavy equipment?  Call Red Rock Machinery Co. Inc. of Las Vegas Nevada  www.rrmcinc.com