EL CAJON, Calif. — CBS 8 is working to get answers after a motorcycle rider was hit by a car in El Cajon. The collision was caught on dashboard camera video.
The motorcycle rider said he's getting the runaround from the insurance adjuster for the woman who hit him.
“She came and just plowed right into me. She must have been doing 35 or 40 miles an hour,” said Julian, who asked that his last name not be used.
Julian was riding his 2021 Indian Scout motorcycle through the intersection of Avocado Ave. and Washington Ave. two months ago when the driver of a red car appears to run a red light and plows into him.
“She hit me on the on the left saddle bag and spun me 180 immediately. And it happened so fast that the force just literally just threw me to the ground,” said Julian.
He said the driver of the red car was insured by Kemper Auto Insurance. At the time, his motorcycle insurance had lapsed.
“My insurance was supposed to be drafted monthly with an automatic withdrawal. And for some reason, it was not drafted and I was not covered, therefore, on my own insurance,” he said.
Fortunately, Julian was not seriously injured.
Julian thought, that since the driver of the car apparently ran a red light, her insurance would cover the $9,000 in damages to his motorcycle. “The insurance, they're saying that the lady might have been an excluded driver,” Julian said. “They seem to just be delaying. This happened on the 17th of January.”
CBS 8 reached out to an injury attorney for advice.
“Insurance companies are in the business of collecting premiums. They are not in the business of paying out on claims,” said San Diego injury attorney, Brett Schreiber.
Schreiber said in order for an insurance policy to "lapse" or for that driver of the red car to be “excluded,” the policy holder has to be notified in advance and in writing.
“Never to take the word of the insurance company at face value. He (Julian) shouldn't just take their word for it,” said Schreiber. “He should find someone who is willing to at least give this a proper scrub.”
“When you're resolving a case with an insurance company, you are signing on the bottom line, which is to say that you're releasing them for all eternity,” said Schreiber.
“And so, you want to be sure that you have properly documented your injuries, what's happened to you, and all of your harms and losses before you are willing to cut loose an insurance company who may ultimately be responsible to pay for those harms,” the attorney continued.
“It is critically important for all of us to take all necessary steps and have all available underinsured and uninsured motorist coverage to protect ourselves and our families,” Schreiber said.
CBS 8 reached out to Kemper Insurance for comment, but we did not receive a response in time for publication.
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