I THOUGHT I WAS COVERED?
Q: I recently purchased a new 2005 Deuce. Of course, I was concerned about insurance and was assured that I had full coverage. I was less than 5 miles from the dealership when some idiot made a left turn in front of me causing me to lay down the bike. The bike was totaled and I had some scrapes and bruises. I called my insurance company to make a claim since the idiot did not stop after the accident. Boy did I get a first hand lesson in insurance. I was forced to settle on my bike for $2,500 less than I paid. I mean the bike was brand new with less than 40 miles. How could this happen since I had full coverage?
Pissed Off in Bee Cave
A: Wow! I wished you had called before leaving the dealership. Many bikers believe that “full coverage” means they have purchased every type of bike insurance available. This is not true. Most people have little or no experience with various types of coverage. Did you have PIP or Medical Payments coverage? What about UM or UIM? While most agents do a decent job of explaining the various types of coverage, you need to arm yourself with insurance information. Insurance companies are obligated to pay those claims in which you had purchased coverage. Call (800)-Bill-Ley for a free insurance evaluation. By the way, I am glad you were not seriously injured.
-Biker Lawyer
GOT A HELMET TICKET – WHY?
Q: I was recently cruising minding my own business when a local cop stopped me for not wearing a helmet. I explained that I was legal and he said “I don’t care and you can take it up with the Judge.” I think this is discrimination and am tired of being harassed. How can I get the ticket dismissed and what exactly is the law?
Doc, Gainesville
A: Welcome! You have just experienced what countless bikers in Texas experience everyday. Since September 1, 1997, you may legally ride without a helmet if you have completed a motorcycle safety course or are covered by health insurance providing at least $10,000 in medical benefits as a result of an accident. The best way to avoid all of this is to apply for a Helmet Exemption Sticker. You can find the Helmet Exemption Sticker Application at your local TxDPS office or at www.TxDPS.state.tx.us. Get the sticker or show the Judge you were legal and the ticket should be dismissed.
-Biker Lawyer
TITLE BLUES – FAILURE TO TRANSFER ON SALE
Q: I buy and sell lots of used bikes, mostly in the $1,000 – $2,500 range. Often the customer stops paying for the bike before the final payment. A couple of years ago I got tired of transferring titles only to have to repossess and retitle the bike to someone else, so I started holding the title in my desk until the sale is finalized by the last payment. Can I get in trouble for this?
A.L., Houston
A: Oh, yes! Yes, indeed! You sure can get in trouble. Your customer thinks (regardless of what you told him) that it’s “his bike” when he rides away on it. You’re thinking it “will be his bike” when he makes the last payment. Any time you leave the parties to a transaction thinking different things, you are asking for trouble. Besides the $50 to $200 fine for failure to transfer the title within 20 days (plus the delinquent tax penalty), confusion as to ownership can cause all kinds of liability and insurance problems.
Next, if you fail to transfer the title to your customer, you can’t register a lien for yourself. So your customer might resell the bike, put the money in his pocket, and disappear. You would have a difficult time getting the bike back, even though you have the title in your hand, because you have not recorded your lien. Who, you ask, could the customer sell the bike to without a title? Well, he bought it without a title. Why wouldn’t someone else?
-Biker Lawyer
RELEASES – DO THEY WORK?
Q: Have you ever read one of those releases we have to sign whenever we go to a motorcycle event, even as an exhibitor or vendor? They say the sponsors aren’t responsible, even for accidents they cause themselves. Are they valid? If they are, why can’t I make my customers sign similar releases to keep them from suing me, claiming they had a wreck that was caused by my “defective” parts or workmanship? This isn’t a real problem for me, I’m just wondering.
R.J., Fort Worth
A: Yes, I have read them. In fact, I have even drafted such releases at the request of event sponsors and bike shops. Whether they will actually work is not an entirely settled question. Texas Courts have gone in all directions on this issue. For example, the San Antonio Court of Appeals said a 65 year old man who signed one of these pre-injury releases for a dive shop, and then died of a heart attack during SCUBA certification, had signed away any claim his widow might have had, even assuming the dive instructor had actually caused the death. It’s generally agreed that there is a limit, though. For example, intentional injuries and those actually caused by gross negligence (wanton disregard of the welfare of others) can’t be pre-excused. My own feeling (shared by most courts) is that any release that attempts to release someone for something that hasn’t even happened yet should be invalid as a matter of public policy. If valid, everyone would require them.
-Biker Lawyer
