Uninsured Motorist Benefits Outside a Car?
The InjuryBoard.com discusses a case where a man died this past December when he was hit by an uninsured car that had drifted out of it’s lane as the man changed a flat tire on northbound Interstate 5 in Tacoma.
Since the man was not in his vehicle would his uninsured motorist coverage still cover him? According to the article,
The issue of whether an insured was using a vehicle is such a common inquiry that Washington Courts have established a four-factor test:
- there must be a causal relation or connection between the injury and the use of the insured vehicle;
- the person asserting coverage must be in reasonably close geographic proximity to the insured vehicle, although the person need not be actually touching it;
- the person must be vehicle oriented rather than highway or sidewalk oriented at the time; and
- the person must also be engaged in a transaction essential to the use of the vehicle.
So, in this case it appears that it would be covered by uninsured motorist. What if he had got out of his vehicle to pick up something that flew out of the window? Probably not, but then again, that is why you need to consider hiring an experienced lawyer to help you in such situations.
I think the scope of coverage under the four point test is more expansive. If something flew out the window of his vehicle–or if he had stopped to collect something that had bounced out the back of his truck–he would likely be covered under his UIM policy. Another interesting question is whether he would be covered under the PIP portion of his own policy or the PIP portion of the other driver’s policy. More on that later!
Comment by Michael David Myers — March 4, 2007 @ 9:27 am