Bicycle Is Not An Uninsured Motor Vehicle Under A Car Insurance Policy
No insurance coverage available for the driver under his car insurance policy for the injury due to a bicycle
In this car vs. bicycle crash, the policy holder was driving his son to preschool. While stopped at an intersection, an individual on a bicycle rode into the car, causing the front passenger-side window to shatter. The driver’s eye was injured from the broken glass. The individual on the bicycle was not covered by an insurance policy. The driver made a claim under his car insurance policy for uninsured motorist benefits.
The insurance company denied benefits claiming that the bicycle did not qualify as a motor vehicle. The policy did not define a motor vehicle so the court looked to the statutes for guidance.
The Illinois Insurance Code, section 215 ILCS 5/143a(1) provides:
“No policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance or use of a motor vehicle that is designed for use on public highways and that is either required to be registered in this State or is principally garaged in this State shall be renewed, delivered, or issued for delivery in this State unless coverage is provided therein or supplemental thereto, in limits for bodily injury or death set forth in Section 7- 203 of the Illinois Vehicle Code for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of uninsured motor vehicles and hit-and-run motor vehicles because of bodily injury, sickness or disease, including death, resulting therefrom.”
“Motor vehicle” is not defined in the Illinois Insurance Code but it is defined in the Illinois Vehicle Code section 625 ILCS 5/1–100 et seq. as “[e]very vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.”
A bicycle is defined as a device propelled by human power. The court found that given these legislative distinctions, it is clear that a “bicycle” cannot be considered a “motor vehicle” for the purposes of uninsured motor vehicle coverage.
Consequently, there was no insurance coverage available for the driver under his car insurance policy for the injury to his eye. The leaves open the question of what insurance would be available in the situation. An insurance attorney would review all options for potential coverage including the driver’s medical insurance, the bicyclist’s home owner’s insurance, umbrella insurance, renter’s insurance, employer’s insurance or others.
Standard Mutual Ins. Co. v. Rogers ___N.E.2d___ (Ill.App. 3 Dist., March 20, 2008)
