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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsInsurers Claim Granny Scooters Must Be Covered—Just Like Cars
Two insurance companies have made an unusual argument in a Michigan case: Theyre insisting that the drivers of motorized mobility scooters should be required to get the same insurance as car and truck owners.
The case involves the claims of a paralyzed man who was hit by an SUV while crossing the street on his way to a doughnut shop. The insurance companies position? Because the man didnt have auto insurance on his scooter, they shouldnt have to pay for any damage caused to him by the SUV.
The arguments by lawyers for State Farm Mutual Auto Insurance and Farm Bureau Insurance of Michigan have produced a mix of outrage and snide commentary in Michigan legal circles. Some lawyers warn the case could impact many of the estimated 300,000 elderly and disabled people nationally who depend on motorized scooters and powered wheelchairs to get around.
If they pull this off in Michigan, you will start to see this all over the country, says Steven Gursten, a lawyer who represents auto accident victims and who has blogged about the case. For every person dependent on a motorized scooter or wheelchair for transportation, God help them if they get hit by a car.
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http://www.businessweek.com/articles/2014-07-23/state-farm-farm-bureau-claim-motorized-scooters-must-have-insurance-just-like-cars#r=rss
randys1
(16,286 posts)I dont have walking insurance, so if a Ferrari runs me over at 90 mph, I get nothing?
If it is tied to no fault, then there is fault in the way no fault is designed, fix the design.
onehandle
(51,122 posts)MADem
(135,425 posts)They're called "mobility" scooters because they are a step up from a wheelchair, for people who have some mobility but tire easily.
I agree with Steven Gursten--this is insane.
There's no difference between hitting a guy on a scooter, or hitting a pedestrian. The driver of the SUV should shut up and pay.
Lee-Lee
(6,324 posts)I see more and more people on these scooters locally actually taking them down the lane of traffic.
Stupid, risky and illegal- but if they are going to do it and be allowed they should then be treated like cars.
But then again I have always said the same about moped and bikes- want to use the road, same rules of the road should apply. I have seen bicyclists cause auto accidents and hit pedestrians more than a few times, and if they are not insured then the non-fault parties bear the cost.
whatthehey
(3,660 posts)How do they actually have any mobility if they cannot use traffic lanes
Lee-Lee
(6,324 posts)A scooter going down a roadway meant for 45mph traffic is a hazard and obstruction, and is very unsafe any way you look at it.
It sucks to be mobility limited, for sure, but that doesn't justify being a great hazard to your own and others safety.
lpbk2713
(42,757 posts)No problem.
It's his fault for not having insurance.
frazzled
(18,402 posts)This has nothing to do with motorized scooters being insured. That's just an excuse. It has to do with OLD people.
Let me tell you something sad but true: insurance companies are not going to pay a nickel for costs incurred by elderly people.
Probably fifteen years ago, my husband's mother was struck by a car while she was crossing the street in front of her home. She incurred medical costs above and beyond what her insurance paid, and we secured a lawyer to help recoup those costs from the driver's insurance.
Nearly a year went by with all kinds of excuses like those given above. Until finally the lawyer said, "Look, your mother's life is worth nothing at her age (she was probably in her late 80s at the time), according to their actuarial charts. They are just going to delay and wait for her to die.
That's the sad truth. And I just saw it repeated this past week. My father (aged 97) had an accident, slipping on ice in a parking lot, and broke his femur. Medicare and his supplemental insurance were wonderful, but my mother (also elderly) had to engage a caregiver to come stay with them at night for the first month or so he was home (that's expensive). There were also some other uncovered expenses, which were fairly significant. She just got word from the parking-lot institution's insurance company that they would not be paying anything because of yadda yadda.
I'd warned them they wouldn't get anything, and alas it came true. There are actuarial tables that tell them that someone my father's age is not worth anything. And they won't pay. You can fight them, but you'll die in the process and just use up more money. That's what they're counting on.
safeinOhio
(32,674 posts)it was going make insurance in mi cheap. They now have one of the highest rates in the country. I moved to Ohio and my rates went down by $400.