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Woman Collects $50,000 in Solo Motorcycle Accident

Woman Collects $50,000 in Solo Motorcycle Accident

Posted By The Dunnion Law Firm || 6-Feb-2017

A 53 year old female motorcyclist was riding her XL1200C Harley Davidson motorcycle in the City of Auberry in rural Fresno County. She was en route to visit her aunt’s rural home but did not know the specific address. She was operating her motorcycle on a private rod up to the house. Suddenly, she observed a vehicle coming toward her down the rugged path. She veered to the right, avoided the vehicle, went off road and skidded down a cliff. She sustained scratches, bruises and contusions. As a result, she was treated at the hospital where they found a laceration to the inside of her right thigh which required cleaning and treatment at the wound clinic. Upon recovery, the woman contacted her insurance company to make a claim. Her claim was denied because the Fresno Sheriff’s report put the accident site on a private driveway and listed it as an solo accident. Her insurance company denied the claim contending it was her fault as a solo accident and if there was another vehicle involved, there was no contact between the vehicles. Her uninsured motorist policy required that she establish contact between the vehicles. Frustrated, she contacted the Dunnion Law Firm and the assigned attorney immediately went to work with the evidence. It became clear that as the woman had turned to the right, her motorcycle had in fact been struck in the rear wheel causing it to catapult off the roadway. Accordingly, there was contact between the vehicles and as such, an uninsured motorist claim could be presented. Faced with this evidence, the woman’s insurance company acquiesced after she gave a recorded statement under penalty of perjury regarding contact issue and tendered her policy limits in the amount of $50,000.00. There is a common provision in uninsured motorist policies that there must be contact between the vehicles to prevent the "solo" vehicle claims. In this accident, without the assistance of skilled counsel, the woman would have been left facing medical bills and expenses without recourse.