Policy Limits Demand – Cyclist v. Lyft Driver 2020

Our client was on his mountain bike in a bike lane on SE Division Street in Portland, passing a line of stopped cars, when an oncoming Lyft driver turned left through the line of cars right in front of him.  He hit the fender, flew over the car’s hood and landed on his shoulder in the road, breaking his collarbone and tearing his rotator cuff.  Unfortunately, the police report, compared with the Lyft electronic ledger, showed Lyft driver was not on the clock but was giving a former passenger a ride on the side, so there was no insurance coverage from Lyft.  However, the driver had a personal liability insurance policy that covered all of our client’s medical expenses, lost wages and pain and suffering.  Our client was a full time bike commuter, had no car, hence no car insurance and no underinsured motorist (UIM) coverage.  TCNF partner Jim Coon  made a “policy limits demand” for payment of the maximum available under the liability policy, and the insurer finally settled for the full amount.