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  • January 8, 2009

    Motorcycle/atv accidents in Colorado

    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.

    8) 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

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    The Gary Doehling Personal Injury Law Firm, P.C. handles the following types of cases: Automobile Accidents, Oil Field Accidents, Spinal Cord Injuries, Wrongful Death, Nursing Home Negligence, Cerebral Palsy, Traumatic Brain Injuries, Lead Paint Exposure, Toxic Molds, Medical Malpractice, Insurance Bad Faith Claims, Airplane Accidents, Dog Bites, Drunk Drivers, Large Truck Accidents, Motorcycle Accidents, School Bus Accidents, and Slip & Fall Accidents.

    The Gary Doehling Personal Injury Law Firm, P.C. serves the following areas: Western Colorado, Eastern Utah, Grand Junction, Montrose, Glenwood Springs, Aspen, Delta, Hermosa, Western Slope, Moffat, Rio Blanco, Garfield, Ouray, San Miguel, Dolores, Montezuma, La Plata, San Juan, Daggett, Uintah, Grand.

    The legal information offered by The Gary Doehling Personal Injury Law Firm and contained herein, regarding Colorado or Utah legal statutes and Colorado or Utah claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Colorado or Utah lawyer regarding your specific inquiry.See Terms of Use.

     
     
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