Is insurance required to pay--Bike vs. Car

[L10]

My legally parked car was struck in the back end by a bicyclist. Rear windshield shattered, numerous dents, scratches. He miraculously got up and took off. He wasn't wearing helmet, wouldn't wait for police or ambulance. He would not answer any questions about his name, etc. Police were unable to find him.
Since the car is 11 yrs. old we have what's required by law in Washington state. We have Liability and Underinsured motorist coverage. No Collision or Comprehensive. Insurance is unwilling to pay since the damage was by a bicycle not another vehicle or motorcycle. Does this sound right??
The car was parked in the street and he was riding the bike in the street. He was obviously not paying attention and it was nighttime.
Any thoughts would be appreciated!

 

[spidey07]

Was there a free ipod involved?

 

[FoBoT]

i think you need Comprehensive for that to be covered

 

[bctbct]

Bummer, without comprehensive or collision you are out of luck.

 

[L10]

Thanks for your replies. I'm screwed I guess.

No, no free ipod involved. I'll have to go drown my sorrows while I listen to my personal ipod and curse the guy that put me in this mess.

Thanks,
L10

 

[Regs]

Uninsured motorist coverage actually covers me for hit and run. I don't know if you decided to get that. I would of since it's kind of dirt cheap unlike others.

 

[AgaBoogaBoo]

Originally posted by: Regs
Uninsured motorist coverage actually covers me for hit and run. I don't know if you decided to get that. I would have since it's kind of dirt cheap unlike others.

 

[Regs]

Yeah. I can see how that could be annoying to read.

 

[L10]

I was told by my insurance that we would be covered (with our uninsured motorist coverage) if it had been a motorized vehicle that struck us. If it were a motorcycle, car, motorized scooter...we'd be covered. But this was a regular mountain bike.
If you know differently...please share.

The key word that seems to be getting us hung up with our insurance adjuster is "motorist."

 

[RichieZ]

Originally posted by: Regs
Uninsured motorist coverage actually covers me for hit and run. I don't know if you decided to get that. I would of since it's kind of dirt cheap unlike others.

i don't believe that uninsured motorist covers hit and run, thats collision or comprehensive at least in CA. My car was parked on the steet and sidewiped one night, i don't have collision or comprehensive on my commuter car and insurance woudln't cover it

 

[Mike2002]

I'm sure you'd have a hard time getting your insurance to pay for things, however maybe you should look into your state laws and find out exactly what a bicyclist on a road is considered. I was doing some reading and came across this which could help you...Link Honestly I think I'd just forget about it but you might be able to get somewhere

 

[stinkynathan]

Originally posted by: L10
I was told by my insurance that we would be covered (with our uninsured motorist coverage) if it had been a motorized vehicle that struck us. If it were a motorcycle, car, motorized scooter...we'd be covered. But this was a regular mountain bike.
If you know differently...please share.

The key word that seems to be getting us hung up with our insurance adjuster is "motorist."

I was involved in an accident where I was driving my truck and a kid on a bicycle t-boned me right behind the driver's door. He ended up going flying and broke his arm above the elbow. Anyway, I was not at all at fault because he failed to yield and, as a bicyclist, he was considered to be a vehicle on the road just like all of the cars and trucks.

Might not this concept work in your favor? I guess if your policy is worded such that it distinctly says "motorists" you're probably screwed. But if it says something like "vehicles" you *should* be taken care of by your insurance company?

 

[sygyzy]

Since bikes are considered vehicles, why wouldn't this fall under hit-and-run?

 

[L10]

I'm not ready to give up. I may have found Washington state bicycle laws that could refute what the insurance company is claiming. It's state code from WA Dept. of Transportation website that states, "A bicycle is a legal road vehicle, just like a car. This means that bicycle riders have the same rights and responsibilities as drivers, even though bicycles are lighter than cars and generally slower."
I figure it can't hurt for me to try and make my case.

 

[L10]

Thank you!!!!!! I'm checking into it.

 

[L10]

Thank you so much Mike 2002, stinkynathan, sygyzy...and everyone. I'm calling insurance tomorrow to work on this.
You're all great!

Laura (L10)