Does My Indiana Auto Insurance Cover a “Hit and Run” by an E-Scooter?

Uninsured motorist (UM) coverage is a common part of auto insurance policies. In Indiana, any auto policy must include UM coverage unless the policyholder expressly rejects it in writing. But it is generally a good idea to have some amount of UM coverage, as among other reasons, it pays if you are injured in a “hit and run” accident caused by an unknown driver who leaves the scene. This includes a hit and run where you are a pedestrian and not actually driving your car.

Court of Appeals Rejects State Farm’s Attempt to Redefine “Land Motor Vehicle”

But what if the hit-and-run driver was operating an electric scooter (e-scooter) as opposed to a car or truck? The Indiana Court of Appeals recently addressed an insurance dispute that dealt with this very question. The case, State Farm Mutual Automobile Insurance v. DiPego, involved an Indiana woman injured while visiting Baltimore, Maryland.

According to the plaintiff, she was walking on a designated path in Baltimore when a “female scooter rider” crashed into the plaintiff, knocking her to the ground. The female rider and her male companion, who was riding another e-scooter, “briefly stopped” to help the plaintiff but they eventually rode off without giving their names.

The plaintiff injured her wrist as a result of being knocked to the ground. She subsequently sought coverage under her own State Farm auto insurance policy, which included uninsured motorist coverage. State Farm denied coverage on the basis the policy only covered a hit and run caused by a “land motor vehicle,” which the insurer insisted excluded electric scooters.

The Court of Appeals disagreed. Upholding a trial judge’s earlier ruling, the appellate court said that under the “plain and ordinary meaning” of the term, an e-scooter was a land motor vehicle. State Farm argued the courts should apply the definition of “motor vehicle” used in the Indiana Motor Vehicle Code, which specifically excludes “electric foot scooters.” But the Court of Appeals said that it had a duty to interpret the insurance policy “from the perspective of an ordinary policyholder of average intelligence.” And an ordinary person would classify an e-scooter as a motor vehicle that travels on land.

Contact a Madisonville Personal Injury Lawyer Today

One important lesson from the Indiana case is that you always need to take down the names and contact information of any other driver involved in an accident with you. Indeed, most state laws require drivers to provide such information. This is especially important when dealing with someone operating a rented vehicle like most e-scooters, as you are unlikely to have any other way of tracking down the responsible parties.

You should also contact an experienced Madisonville personal injury lawyer as soon as possible following any motor vehicle accident who can advise you of your rights. Remember, even your own insurance company is not on your side and will look for any justification to deny coverage. In contrast, your personal injury attorney works only for you. So if you need to speak with someone about your accident, contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.

Source:

scholar.google.com/scholar_case?case=17221129831376270568