One of the best arguments one can make for securing uninsured/underinsured motorist (UM/UIM) coverage is that it will provide coverage even if you aren’t actually driving or in a motor vehicle. For example, if you are a pedestrian or bicyclist struck by an uninsured or underinsured driver, you can seek coverage from your UM/UIM carrier to make up the difference.
However, insurance companies are free to write the terms of their coverage, so this isn’t a guaranteed benefit. In the recent case of Spiller v. Travelers Property Casualty Co. of America, the U.S. District Court in the Western District of Kentucky ruled that a worker who was not in his employer’s truck when he was struck by a negligent driver was not entitled to collect UIM benefits.
The underlying facts of this work injury lawsuit were that the plaintiff, employed by a contractor, was tasked with making certain repairs along a four-lane expressway. In the course of doing this work, he was trailed by a large truck equipped with an arrow that flashed. This was supposed to alert rear traffic to move left because there was construction on the right. A few hours into his shift, a motorist slammed into that arrow board attached to the truck, pushing the truck into the plaintiff and causing him to suffer injuries.