In a recent unpublished North Carolina appellate decision, the plaintiff appealed the dismissal of an insurer in his motorcycle accident case. The case arose while he was operating the motorcycle on a state road, and a large truck going too fast around a curve in the road swerved and dumped gravel around him. The spray of debris hit the plaintiff, who lost control of the vehicle and crashed it. The truck didn’t stop, and they couldn’t identify either the driver or the truck’s owner. The plaintiff was injured.
At the time of the accident, the motorcyclist was insured under an automobile policy with Progressive and another one with USAA General. He sued both insurers, seeking uninsured motorist coverage. The claims were denied. Progressive claimed that uninsured motorist coverage wasn’t triggered because there was no physical contact between the plaintiff and the uninsured vehicle or the dump truck and the plaintiff. The insurer claimed that the object that hit the plaintiff had to be part of the equipment on the hit and run vehicle in order for uninsured motorist coverage to be triggered.
The plaintiff sued Progressive and USAA General, asserting numerous claims, including breach of contract and bad faith. He submitted an eyewitness’ affidavit, stating that she saw the debris from the dump truck make direct contact with the plaintiff and his motorcycle, which would other wise not have crashed. She also stated that it appeared there was nothing the plaintiff could have done to avoid the accident.