Ask Our Lawyer by Rod Taylor - ABATE Legal Services April 2023    RADAR LOVE ON A BIKE     Q: I have a radar detector mounted on my bike, and I ride through Ohio, Indiana and Illinois a lot. A friend told me that they were illegal. I know that jammers are illegal, but I thought that detectors were ok. What's the situation? Freedom of the Road Riders Member.     A: First, let's define our terms. A radar detector is used by motorists to detect if their speed is being monitored by police or law enforcement so the driver can reduce the car's speed before being ticketed for speeding. An active laser jammer sends out its own radar wavelength to defeat a radar detector. To jam police laser guns, laser jammers first must detect the light emitted by a police officer's laser gun - normally infrared light on the 904 nm wavelength. After detecting the radar detectors gun's light, the jammer will send out light on the same wavelength at a higher intensity, effectively confusing the gun into returning a no speed reading.     In general, radar detectors are legal across the US, with the exception of Virginia, Washington DC, and on military bases. In Canada, the only three provinces that allow the use of radar detectors are Alberta, British Columbia and Saskatchewan. However, radar detectors are illegal in all commercial vehicles weighing more than 10,000 pounds anywhere in the US. Laser jammers are legal in most states, except for Nebraska, Minnesota, Utah, California, Oklahoma, Virginia, Colorado, Illinois and Washington, D.C. So watch out in Illinois with your laser jammer, but it is clear riding in Ohio and Indiana.     A HITCH WITH YOUR MOTORCYCLE HITCH     Q: We have received several calls, from both Ohio and Illinois, regarding trailer hitches. One writer in Illinois asked for an opinion regarding a police officer who is warning drivers of pickup trucks and SUVs that they need to remove their ball & mounts from their Reese Receiver Hitches, or he will ticket them. I heard from a trucking company that McLean County Illinois has a ' County Ordinance' forcing removal of hitches. Is that even possible? What about hitches on motorcycles?     A: We researched this matter regarding motorcycles and believe the following comments apply only to cars and trucks, and that the hitch concerns do not apply to motorcycles, since bikes aren't required to have bumpers – at least yet. We did the research on this question and found the following: Section 12-608 of the Illinois Vehicle Code (625 ILCS 5/12-608) (IVC) reads, in pertinent part: (a) It shall be unlawful to operate any motor vehicle with a gross vehicle weight rating of 9,000 pounds or less or any motor vehicle registered as a recreational vehicle under this Code on any highway of this State unless such motor vehicle is equipped with both a front and rear bumper. Section 1-106.5 of the IVC (625 ILCS 5/1-106.5) defines "bumper" as: Any device or system of devices protruding from and attached to the front and rear of a motor vehicle that has been designed to be used to absorb the impact of a collision. For the purposes of this Code, a bumper also includes a device or system of devices similar in design to those with which new motor vehicles are equipped. A protruding hitch bar is clearly not "designed to absorb the impact of a collision." In fact, it interferes with the protection a rear bumper might otherwise provide both to the vehicle being struck and the object striking that vehicle. Thus, a court could reasonably find that a vehicle operated with a protruding hitch bar is in violation of §12-608 of the Illinois Vehicle Code. Sections 11-208 & -208.1 of the IVC (625 ILCS 5/11-208 & -208.1) allow units of local government to enact local ordinances that are not inconsistent with the Vehicle Code. Accordingly, local authorities could ticket drivers of vehicles with a protruding hitch bar based on the Vehicle Code and would not need a local ordinance. If such an ordinance were enacted, it does not appear to be inconsistent with the Vehicle Code. We will cover Indiana and Illinois in a future column.     TOP THREE WAYS MOTORCYCLISTS GET SCREWED BY SOME INSURANCE COMPANIES     There are some very important differences between your auto insurance coverage and your motorcycle insurance coverage. Here are the top three.    1. Let's say you want to test ride a motorcycle that your neighbor has for sale and that neighbor has no motorcycle insurance on the test ride motorcycle. You remember your agent telling you that you have automatic insurance coverage for a newly acquired vehicle and you believe that would apply to a “newly acquired” motorcycle. Unless you have a current motorcycle policy in force, you are uninsured if you test ride that motorcycle -- even though you have auto insurance coverage. But no problem if you were test driving an auto - you would have coverage in that situation. The problem only surfaces with motorcycles.    2. You test ride the neighbor's uninsured motorcycle and crash into another vehicle. You would have coverage for the personal injury that you have allegedly caused under the newly acquired policy provision in your policy, but you would not have coverage if you test rode your stepson's motorcycle who lives with you. His status as a resident in your home disqualifies coverage for you in that case under most motorcycle insurance policies.    3. While on a test ride of your neighbor's motorcycle, you bring a friend. You are in the showoff mode, lose control, and injure your passenger. She sues you. Do you have coverage? Yes, under your motorcycle policy, but only if you have elected passenger coverage. Notice that extra steps are not required in auto policies. That same coverage for auto passengers is automatic. How is that fair?     A real motorcyclist's insurance company would eliminate the discriminatory provisions discussed here, which adversely affect motorcyclists only and conform those motorcycle policies to what is given in automobile policies. The first insurance company to take that measure will have my vote.     NOTE: IN ALL CASES YOUR INSURANCE POLICY SHOULD BE REVIEWED AS THERE ARE COVERAGE DIFFERENCES FROM POLICY TO POLICY. OUR COMMENTS HERE ARE AN OVERVIEW OF THE ISSUES.     ABATE RIDER INSTRUCTORS SAVED THIS TOWN!     Sometime ago, I attended ABATE of Indiana's Motorcycle Safety Division Annual Awards Banquet. We thank those instructors for all they do for the motorcycle safety program. Prior to these programs, most states had no effective motorcycle safety training program. In short, beginning riders were given a pink slip and told to practice on the highways and byways of this country. If they survived thirty (30) days or so, someone would examine their riding skills learned the hard way. The resulting plan was - if they die, they die. ABATE and its cadre of dedicated safety instructors and supporters of state funded programs changed all that.     Over the years, I have wondered how many lives have been saved by safety instructors. With that in mind, I asked those in charge if they could statistically calculate the number of lives saved in Indiana since that program was started. The answer was at least 1000 lives since the program was started in 1986. And even if it were only one, the effort would have been worth it. If you accept the Indiana statistic as an average for each state (Indiana is average in population), it can be argued that over 50,000 lives have been saved because of the influence of rider training in each of the 50 states. That is also the size of the average town in this country, so it is very cool for us to be able to say that our instructors saved (the equivalent of ) that town.     Ride Safe.     Rod Taylor     ABATE Legal Services     www.abatelegal.com     All questions from ABATE members are answered confidentially unless otherwise authorized and then only after the matter is concluded, except when authorization for publication anonymously or otherwise is given for pending matters. Call us at 1-(800)-25-RIDER. Questions? Submit them to: RodTaylor@abatelegal.com. © 2023.

Ask Our Lawyer by Rod Taylor - ABATE Legal Services March 2023     UNINSURED UNDERINSURED - IF YOUR AGENT SAYS WAIVE IT - WAIVE HIM     Q. My insurance agent says I can save money on the insurance policy for my motorcycle if I waive the "uninsured - underinsured coverage", since I do not ride much. Should I? ABATE OF OHIO MEMBER.     A. Ok - a quick insurance lesson here. As we should know, uninsured coverage in your motorcycle policy provides coverage for your injuries when the dirt bag that runs over you has no insurance. Underinsurance coverage provides coverage for you when that same dirtbag does not have enough coverage to take care of you. And that is assuming that you have taken my advice and upped your limits to do that. If you have not, shame on you and shame on me for not being more persuasive.     Even though Uninsured/Underinsured coverage is not required in the state of Ohio NEVER waive that provision. Ever. Uninsured/Underinsured coverage supplements your own policy and protects you from a situation where another driver is at-fault and either has no insurance or has insurance that is insufficient to cover your losses. AND IT IS CHEAP RELATIVELY SPEAKING! For example, if the other driver has $25,000 of coverage and your medical and rehabilitative costs are $50,000, then your own insurer would pay the remaining $25,000 - that is, IF you have purchased sufficient UIM protection. Get as much as you can - it is cheap compared to the alternative.     For those of us who travel to Daytona for Bike-Week, the insurance limits in Florida are unconscionably low. That is the land of people who drive - and shouldn't. (And I realize that I may be in that category myself someday) We are seeing too many cases of not enough insurance coverage on the adverse vehicle to even pay for your flight to the hospital and emergency treatment at the scene, much less for your lost wages, medical bills, temporary/permanent impairment, pain and suffering. Well you get the idea. Take care of yourself and never waive that coverage. If you do and the little old lady with blue hair gets you, expect a whole bunch of sad looks from me that says, "I told you so".     Q: I got a letter from my insurance company that stated that due to a new statute, a motor vehicle which is operated on a highway right-of-way must be covered by liability insurance. A highway right-of-way is 25 feet from the center of the lane on "most" rural roads. This means no dirt bikes, ATV or snowmobile riding down property lines or fence rows along roads. It also means checking my mail on my ATV and parking at the edge of my drive could result in a ticket. Even mowing grass along the road in your front yard could get you an insurance ticket on your lawn mower. I don't recall hearing of this proposal before. ABATE OF ILLINOIS MEMBER     A: ABATE lawyer George Tinkham provided us with an explanation for this one for Illinois. (We will cover Indiana, Ohio and other states in a later column.) The Governor of Illinois signed Public Act 96-0279 into law. This Act did not amend 7-601 of the Illinois Vehicle Code (IVC) (625 ILCS 5/7-601) which excludes vehicles not designed for use on public highways from the mandatory liability insurance requirement. It did, however, amend 11-1426.1 of the IVC by adding subsection (g), which reads:     (g) Any person who operates a non-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code.     PA 96-0279 also requires the operator of such a vehicle to have a driver's license. Whether that license has to have the proper motorcycle endorsement is unclear. Even though the Vehicle Code now has contradictory language, the language in 11-1426.1 which requires insurance (and a driver's license) will prevail. This means that your letter is correct: off-road vehicles must be covered by liability insurance when on the right-of-way of a public highway.     It is not uncommon to see a twelve year old riding an ATV or dirt bike along the right-of-way fence on the public highway side traveling between his home and a favorite off-road riding area. This change to the IVC means that his off-road vehicle must now be insured. A more absurd consequence of PA 96-0279 is what happens when a landowner uses a riding mower to cut grass on the right-of-way by his home or farm. Silly as it seems, arguably the mower may have to have vehicle insurance, even though most homeowner/farm policies will provide coverage for an occurrence while mowing. If the agent for your farm/home insurance says you do not need additional coverage for the off-road vehicle, send him an email confirming the same with a cc to me. And show him this article.     THE POWER OF HAVING AN ABATE LAWYER IN YOUR HOUSE     One of the blessings of membership in ABATE is the power to call up your lawyer and pick his brain on a variety of legal issues. And it helps when you tell a stubborn insurance adjuster that if they don't treat you right on the property damage to the family Harley - you are going to call Rod Taylor - your ABATE lawyer. More times than not, that is all it takes.     Not only does ABATE Legal receive calls regarding motorcycle crashes we get calls for legal help on a variety of issues, for example, time-share issues in Mexico, motorcycle titles, credit score gigs, employment problems, age discrimination, sexual harassment, union contracts, health policy claims and insurance claim denials to name a few. You name it and we have tried to help our members get started in the right direction. While we are motorcycle lawyers specializing in crash cases (WE HANDLE ALL KINDS OF PERSONAL INJURY CASES FOR OUR MEMBERS) and remember that Rod is a former semi driver and still owns a B-Model Mack so he knows all about that, and we try to get you to lawyers that practice in other areas that we don't. For example, we are not patent/trademark lawyers, but we know when it pays to hire one and when it doesn't. We like to think we have saved a lot of money for our members.     WHAT DO YOU THINK OF RAISED MEDIANS?     Let us know what you think about raised medians. Are they a problem? So far no one seems to be looking at this item as a traffic hazard issue. Tell us about the good, bad and ugly regarding these traffic control devices. We have been getting feedback through the RoadHazard.org web site and here is an example.     Jerry Taylor wrote the following regarding raised median in Joliet, IL: Joliet did not "link" the raised median removal to motorcycle safety issues or any other safety issues. I was told they were going to replace the three raised medians at that intersection with PAINTED medians. Again, it seemed to be more of a cost issue as opposed to a safety issue of any kind.     Again, here is what the City of Joliet officially said: The City has an intersection improvement project at the intersection of Essington Road and Caton Farm Road. The project consists mainly of roadway widening to accommodate new right turn lanes for both the eastbound and southbound directions. Although the project has started, it has been temporarily suspended due to utility conflicts. The medians were removed initially to allow for traffic to be 'staged' during construction. Once the construction commences, the traffic lanes will be shifted at times to allow for various work zones. The final plans only include the re-installation of the raised median on the east leg. This is to restrict traffic from accessing the Family Video driveway from the eastbound direction. The other three legs of the intersection will have a painted median.     It was MY BAD in thinking it was the start of moving away from raised medians, but I was wrong. Raised medians are going up all over the place around here and you can see black marks where car tires have rubbed them and cracks with broken concrete where cars or snow plows have hit them.     When I go west on my bike, like to Nevada, the medians seem to be well lit and the streets a little wider where they exist. Hardly any black tire marks at all. Also, the front, impact. zones are beveled so your vehicle can have a chance of RIDING UP on the raised median instead of breaking a wheel and axles when you hit a non-beveled median with a car, or worse yet with your bike.     I have noticed some "after the fact" older raised medians in our area, with a beveled area ground or cut into them, like they do for wheelchair access for crossing streets.. But "I assume" they do that only because city snowplows were hitting them? It just might be a coincidence, but when I talk to a small group of other bikers about raised medians, someone always says they know someone who is no longer with us, after hitting a raised median! I don't know if that is your experience on the subject or not? Again, if I am the only one mentioning this subject, no need to pursue it. It is just another road hazard I try to keep my eyes on! Thanks for listening. Jerry     THINGS TO THINK ABOUT IF YOU'RE ARRESTED     Information for clients of ABATE Legal Services     What do you do when the men and women in blue show up? What are your rights and what should happen? We get many inquiries from parents, neighbors and concerned friends about their rights and what to expect. The following tips should help.     1. When am I arrested? You are arrested (or considered under arrest) when officers deprive you of your freedom of movement in order to have you answer for an alleged crime.     2. They want to question me - what are my rights? Just like in those TV shows, you have the right to remain silent. If you don't keep silent, anything you say can be used in court against you. If you start answering questions, you can stop at any time. You have the right to speak with your lawyer and have them with you during questioning.     3. The cops won't let me go, but they haven't arrested me. Can they do that? An officer can temporarily detain you in order to ask for identification and to get an explanation of your presence at a particular time. You can be subject to a limited pat-down search to ensure that you have no weapons, if the officer believes you are armed. You have the right not to answer the questions, but if you refuse to give any identification, the officer may have grounds to arrest you. Once this temporary detention is over, the officer must either arrest you or let you proceed on your way.     4. They want to arrest me, but don't have a warrant. Officers can make an arrest without a warrant if they witness the offense being committed. They can also make an arrest if they receive information from a credible person that they suspect committed a felony and is about to escape.     5. I got hurt when I was arrested. How much force can they use? An officer is entitled to use reasonable and necessary force to overcome resistance. These terms are relative, so the amount of force they can use depends on the situation.     6. They want to search my house. Do I have to let them? Officers may conduct a limited search of the surroundings without a warrant. If you are in your home, they may seize contraband, stolen property, or evidence of a crime that is in plain sight. They may also check the residence for accomplices. If you are in your car, they can search for weapons that could be used against them. They may not conduct a broader search without a warrant, unless they reasonably believe that the vehicle has evidence of crime or contraband.     7. I've been arrested. Now what? You are going to be taken to the detention facility, where you will be able to talk to an attorney. They should also tell you the charge being alleged. You can be required to participate in a lineup, give a handwriting sample, give a blood or urine sample, or perform certain other tasks     8. I want out! Bail may or may not be set for your case, depending on the seriousness of the charge. If the charge is relatively minor, you may be released on your own recognizance. You can also petition the court to reduce the amount of bail set.     9. My kid just called from jail. What rights do they have? Children have the same substantive rights as adults. In addition, they have the right to have a parent with them when being questioned. Also, the procedures in juvenile court are generally closed to the public.       ROADHAZARD.COM NATIONWIDE     Over the last year we've received multiple emails and phone calls from riders in far-away states wanting to report road hazards. Of course, we happily oblige. One of our long-term goals for this project is to expand the coverage nationwide, but we will need your help to do so. If you are reading this and are from a state other than Ohio, Indiana, or Illinois, and want to help, call or email us. As the use of RoadHazard.org expands, we would like to have "RoadHazard reps" in every state that can help us get the reports out to the local officials responsible for road safety.     Ride Safe.     Rod Taylor     ABATE Legal Services     www.abatelegal.com     All questions from ABATE members are answered confidentially unless otherwise authorized and then only after the matter is concluded, except when authorization for publication anonymously or otherwise is given for pending matters. Call us at 1-(800)-25-RIDER. Questions? Submit them to: RodTaylor@abatelegal.com. © 2023.

Ask Our Lawyer by Rod Taylor - ABATE Legal Services February 2023     ILLINOIS, INDIANA AND OHIO- THE ABOVE STATES GIVE YOU A PSEUDO WILL IF YOU DIE WITHOUT ONE. WHAT IF YOU DON'T LIKE WHO THEY SAY GETS YOUR PROPERTY? OR HOW ABOUT WHEN THE STATE TAKES YOUR PROPERTY FOR ITSELF.     IS THAT WHAT YOU WANT? AND WILLS ARE FREE TO ABATE MEMBERS. A GREAT SELLING POINT TO FUTURE MEMBERS     This is a compilation and summary of laws that should cause you to prepare a will.     Illinois: When the deceased person is survived by a spouse and descendants, half the property goes to the surviving spouse and the other half goes to the descendant(s) If there is a descendant(s) of the decedent (you): 1/2 of the entire estate goes to your spouse and 1/2 to your descendants per stirpes (meaning per stalk or in other words if a near descendant predeceased the decedent that share would be distributed equally to his descendants. Is that what you intend? What if one or more of those descendants are financially irresponsible? Or that they have become abusive or non-involved in your life? If there is no surviving spouse but a descendant of the decedent (you): the entire estate goes to all of the decedent's descendants, per stirpes. What if you do not want your property to go to the grandchild that has no relationship with you? What happens when a grandchild has abused you? There are many more questions that are unanswered without a will.     Dying Without a Will in OHIO-THE STATE DECIDES WHO GETS WHAT AND FROM THERE THE NUMBERS GET CONFUSING     Ohio: According to Ohio's intestate laws, property is distributed generally as follows: If there is a surviving spouse, the entire estate will go to him or her. If there is no spouse, but there are children, the estate will be divided equally among them. If there is no spouse and no children, the deceased's parents will inherit. The law also provided for step and adoptive children together as to what happens when the deceased has been abused by a beneficiary. Or when a successive wife is childless. What happens? A complete review of the statute should be completed prior to executing a formal will.     WITHOUT A WILL, INDIANA LOOKS TO WHETHER YOU HAVE LIVING PARENTS AND LINEAL DESCENDENTS AS DO THE OTHER STATES     Indiana: If you are married and you die without a will, what your spouse gets depends on whether you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property. Hope you liked her. And what if you intensely disliked one of your heirs? What happens? Point is, you better do a will and it is free as a member of ABATE.     DEAD HORSE IN NEED OF A BEATING     If you have been to the ABATE State Seminar in Illinois, Indiana, or Ohio, you have heard me discuss the need for carrying adequate Uninsured/Underinsured (UM/UIM) coverage. Unfortunately, this subject matter is once again in need of repeating.     Last month we received a phone call from a new client who was run over on his motorcycle. The first words he said to me were, "Rod, it's okay! I listened to you at the State Seminar and got the maximum insurance coverage I could get!" The problem is, while he did get the maximum insurance coverage he could carry for the other guy, he refused Uninsured/Underinsured coverage for himself. Now he is left with 25k coverage for his losses.     What he should have done is sign up for as much uninsured/underinsured coverage he could get - he did not. Instead, he opted to cover the other guy for 500k instead of himself. In decades of representing bikers I have yet to see a serious claim injury against a motorcyclist. It just doesn't happen. (When have you ever heard of the driver of the Mack truck suing a motorcyclist for personal injuries?) So the rule is to take care of yourself first with decent limits of uninsured/underinsured coverage. That is the insurance motorcyclists need most as it protects us when someone injures us, carrying the state minimum, or worse yet, no insurance whatsoever. Most insurance companies only allow the motorcyclist to buy insurance for themselves that is equal to or less than your coverage for the Mack truck guy. Minimal limits are inadequate, and just enough to cause great irritation and financial grief. Give Hilary or me a call if you would like to discuss what best fits your needs.     GAMBLING YOUR SECURITY?     What about for a few bucks a year? Worth it? That's what you're doing when you decline adequate uninsured/underinsured insurance coverage for your motorcycle. Studies indicate that 14 out of 100 drivers do not carry any coverage. And another 50 out of a hundred have minimal limits that effectively provide no coverage (It is illusory for the adverse driver to claim $25k of insurance coverage when your losses approach $500k). So, in 6 out of 10 serious injury crashes, the adverse driver has inadequate insurance covering your losses.     As a motorcyclist give yourself financial protection with adequate uninsured/underinsured motorist coverage. Most people are un/underinsured because they can't pay for it. So, the odds of them having sufficient resources to pay you for a serious personal injury claim are slim. Without un-underinsured coverage of your own, you lose.     Even if you carry minimum coverage, you are woefully underinsured. Twenty-five thousand dollars for a seriously injured motorcyclist is nothing. In a serious injury case, the Air Evac bill alone will be more than that. So why do motorcyclists continue buying minimal limits? My guess is - to save a few bucks, and they are relying on the law requiring everyone to have adequate coverage. They are trusting that the others will do the right thing. Bad decision based on bad facts. The fact is most cagers do not have enough insurance to take care of you.     STATE'S DEFINITION OF MINIMUM INSURANCE - IS NOT INSURANCE!     Bingo play is what you should call the next time you ride to Mardi Gras or Bike week and travel through Mississippi Florida, where it is estimated almost a third of the vehicles in that state are uninsured. Meaning that you are on your own if you get hit by one of those. It boils down to, how lucky do you feel?     We have discovered that of those who are insured in Mississippi, almost 50% of those have the state minimum of 25k. Some states have the nerve to call 25k insurance. By any definition that is not insurance. With a left turn in front of you, a helicopter ride to the hospital, surgery for injury repair, lost wages, pain - suffering, and temporary impairment, 25k from the adverse driver is just enough to piss you off and take matters into your own hands. And to make matters worse, all health insurers/medical providers will have a priority lien on those proceeds. So, if your hospital bills exceed 25k guess who doesn't get the money - you unless you have a good lawyer, like me or one like me, to negotiate those liens.     For any state to claim that 25k (some states have even less - like 10k) meets a minimum liability requirement based on potential damage caused is terribly misleading. That state minimum goes back decades. Shouldn't limits be updated to keep up with increasing medical costs, wages etc.? An air-vac ride to the hospital can cost over 25k. Since the state and insurance companies are not looking out for you, you must look out for you by buying adequate uninsured/underinsured motorist coverage to cover for the ne'er do well with no insurance or low limits. What is adequate you ask? As much as you can buy is my answer. The cost to upgrade is cheap, cheap, and wonderfully cheap. I maintain that you should not ride in Mississippi, Florida, and many other states where the numbers of uninsured/underinsured are breathtaking, unless you have adequate uninsured/ underinsured coverage. Remember Florida is the land of those that can't hear, see or know where they are, especially at night.     There should be a law that disallows anyone to call insurance "insurance" unless the insurance amount is sufficient to pay for the harm caused. They should call low limits insurance policies a “consolation prize" like at the county fair when you don't ring the pin. After all, in most civilized countries, the rule is "if you break it - you should pay for it." And if you cannot pay for the harm to the biker/motorist that you just ran over - you should not be allowed to drive.     Let's take a typical state insurance requirement where the state minimum coverage is $25k per individual, $50k for all claimants, and $10k for property damage. The average premium for this policy is $48.20 per month, but without uninsured/underinsured coverage. If you add that coverage, it costs a little less than 4 bucks more or $51.93 per month. On average it costs only about 10% more of your premium to carry adequate uninsured/underinsured coverage.     Significantly, the cost to go from state minimum insurance and upgrade to adequate coverage of $100K- $300K, is less than $5.00 more per month. And the cost to go from state minimum insurance to upgrade to the usual highest coverage of $500k was less than $12.00 more per month than the basic liability policy - which is roughly 25% of your monthly payment. By any definition - a good deal, especially when the little old lady (or man) that can't see or hear - gets you.     Ride Safe.     Rod Taylor     ABATE Legal Services     www.abatelegal.com     All questions from ABATE members are answered confidentially unless otherwise authorized and then only after the matter is concluded, except when authorization for publication anonymously or otherwise is given for pending matters. Call us at 1-(800)-25-RIDER. Questions? Submit them to: RodTaylor@abatelegal.com. © 2023.

Ask Our Lawyer by Rod Taylor - ABATE Legal Services January 2023     MOST MOTORCYCLE MED-PAY PROVISIONS PROVIDE LITTLE COVERAGE FOR MEDICAL BILLS     Q. Even though I didn't have any damage to my motorcycle from a deer hitting me from the side, I am going to have medical expenses since my leg was busted. My insurance company quickly sent me a letter saying I only have $1000 medical coverage (med-pay). I do have other insurance through work but with the usual deductible. Is there anything else I can do to get my motorcycle insurance to pay more for my medical so I won't have so much out of pocket $?     Thanks Hugh Harvey, FREEDOM VALLEY CHAPTER     A. Hugh the amounts of medical coverage (med-pay) provided through your motorcycle insurance policy are negotiated amounts set forth in your policy. Those are set in stone so to speak. So you will not be able to talk them into paying more. Send your medical bills to the company providing health insurance through work. If you have a problem with getting those medical bills paid. Call me.     WHAT TO DO WHEN ASKED TO GIVE A RECORDED STATEMENT BY THE OTHER INSURANCE COMPANY     Q. I received a request for a recorded statement from the insurance carrier for the other guy that wrecked my motorcycle. The police report puts the blame on the other guy. What should I do?     ABATE OF OHIO MEMBER     A. Assuming you agree with the crash report, our advice is to say "I agree with the police report and then shut up." Nothing good can come out of a full statement given to the other guy's insurance carrier. Remember they are not your friends. Or have them call ABATE LEGAL.     SOMETHING BORROWED, SOMETHING BLUE ETC.     Q. My youngest is getting married and we are planning a wedding reception at the local conservation club. There will be several friends of the couple in attendance. We plan to serve alcohol at the event. If one of these underage attendees gets in a wreck going home, what are my legal responsibilities if they sneaked drinks? And what can I do to protect myself?     ABATE of Indiana member.     A. Congratulations on the wedding. As to your question, check with your insurance agent to see if you have host liquor coverage with your homeowner's liability policy. If so, confirm that in writing to your agent and send me a copy. Even if you have insurance for this event, consider hiring a caterer for the alcohol, and let the catering company do the serving of alcohol. This way you have passed that responsibility to the pros. They will provide a licensed bartender and insurance to serve the alcohol and will know how to handle kids wanting drinks. It makes them the enforcer of the rules, ... not you. They are worth every penny. Also, make sure to ask for a certificate of insurance from the caterer's insurance carrier so you can verify the coverage.     WHEN DO MOTORCYCLE TIRES AGE OUT?     Don't you just hate throwing away tires that look tread perfect? I do. But here is the reason you should reconsider that saving attitude. The tire's wear surface dries out, and when it comes to those attributes those cannot be safely resurrected. Most tire manufacturers try not to sell a tire that's more than five years old. Rick Chupp of Cycle-Outfitters advises that the tires should be stored on carpet squares if the motorcycle is left in a garage with concrete floors. He advises that lye and calcium in the concrete have a deleterious effect on the tire. If the motorcycle is stored outside, then you have to inspect the tires for ultra-violet ray damage. Per Rick, air pressure should be checked prior to each ride and a visual inspection of the sidewall and grooves between treads should be made. If you see any cracking, time to call Rick.     AM I COVERED?     Q. If an ABATE member donates the use of his/her property for an ABATE function and should someone leave intoxicated (adult or unknown minor) and causes an accident resulting in injury or death, is that homeowner covered by insurance?     ABATE of Indiana member     A. Usually the ABATE member would have coverage under his homeowner's policy for personal social events. The standard coverage for ABATE events should provide additional coverage for the ABATE member if that member is listed as an additional insured under the ABATE policy. Make sure that happens. Additional insurance may be needed, because there may not be coverage under the homeowner's policy. The home owner insurance company may argue that the event is a business event and not covered. Advise the member to confirm coverage with his homeowner's agent and communicate that the event is a voluntary charitable event. Coverage is usually provided for charitable and volunteer activities. But tread carefully as we do not want our member's homes and assets needlessly exposed to the claims of others.     Ride Safe.     Rod Taylor     ABATE Legal Services     www.abatelegal.com     All questions from ABATE members are answered confidentially unless otherwise authorized and then only after the matter is concluded, except when authorization for publication anonymously or otherwise is given for pending matters. Call us at 1-(800)-25-RIDER. Questions? Submit them to: RodTaylor@abatelegal.com. ©2023.