Guest blog written by Randy LoBasso with Stuart Leon Bicycle Crash Law. Stuart Leon Bicycle Crash Law is a sponsor and partner of the Bicycle Coalition of Greater Philadelphia.
Cycling is a way of life for many of us. And, unfortunately, part of that lifestyle means dealing with scumbags.
You know the ones. The drivers who think they own the streets. The ones who think checking their text messages and Facebook status behind the wheel is more important than paying attention to the road itself, despite drivers being responsible for tens of thousands of deaths across the U.S. each year.
Not to mention those who operate their 2-ton machinery without a license, or insurance.
In his near-30 years riding a bicycle in Philly, Mike Kokayko has seen it all. But there’s one night, and one driver he encountered in June 2022, that stands out in particular. He can remember the sounds of his crash – there was a crunch and plastic shattering, then yelling from a crowd in front of Jim’s Steaks at the corner of 4th and South Streets in Philadelphia – but doesn’t really remember either feeling the SUV’s grill striking him from behind or being thrown to the ground.
“I don’t really recall either feeling the impact or falling. But I found myself thrown over hard on my right side, still straddling the bike,” he says. “I tried to get up, but my right shoulder was dislocated…so, I used my left hand to pull in my right elbow toward my body, then felt the shoulder joint pop back in.”
After decades of commuting by bicycle in Philadelphia, Mike’s fears about the sort of out-of-control, aggressive drivers he encounters daily had finally come true: The driver of an SUV – who, it turned out suffered from many asshole tendencies – who’d been chasing him down South Street that night, accelerating, honking at him, and screaming obscenities, had now intentionally crashed into Mike.
Today, Kokayko considers himself lucky to be alive. And his lawyers, Stuart and Zach Leon, say he was smart for having been insured at the time of the crash. In the aftermath of his crash, having “oh shit insurance” (uninsured motorist insurance on his car) made it possible for his lawyers to get Mike paid money damages and extra medical expenses that he deserved. The “oh shit insurance” (uninsured motorist insurance on his car) was necessary since the driver who hit him didn’t have any valid insurance.
“Under the law, the driver has the obligation to exchange information with the crash victim, and not to leave the scene,” says Bicycle Crash Lawyer Stuart Leon. “As you can imagine, the drivers who have just hit a bicycle rider are more than happy to flee, especially if the bike rider thinks they’re OK. But it’s our experience that the cyclist is rarely OK.”
At that point, the driver jumped back into their car and fled the scene; but Mike had taken a picture of their license plate and had witnesses in front of Jim’s.
An ambulance eventually showed up, which began two years of medical treatments, including rotator cuff surgery, physical therapy, range of motion issues, and general ongoing pain.
Given the severity of his injuries and the fact that the person responsible for those injuries didn’t have insurance, Stuart and Zach had to take up the case with Kokayko’s insurance company, who covered him for his injuries and bills from the crash.
And what they found was that Kokayko had elected to buy “uninsured motorist coverage” when purchasing his car insurance. This is essentially a low-cost option on your car insurance – or bicycle insurance – that covers you if you’re hit by a driver who doesn’t have enough coverage to pay for the damages or injuries they’ve caused. In other words: scumbag insurance.
While some states require uninsured motorist coverage as part of any plan they sell, Pennsylvania does not. You have to choose that option. Lawyer Zach Leon says it’s a good thing Kokayo did.
“If Mike elected not to purchase ‘uninsured motorist coverage’, he would have been shit out of luck,” says lawyer Zach Leon, who handled Kokayko’s case. “If Mike didn’t purchase this, he would be left hoping that the scumbag driver had actually purchased auto insurance – which he didn’t. He would have been left without recourse: if he didn’t protect himself, he would be left with nothing – no lost wages, no money – despite getting shoulder surgery.”
In the end, Kokayko’s insurance company agreed that the crash was 100 percent the driver’s fault and that he should receive insurance money for the pain and suffering he went through.
This was all covered because he chose to get uninsured motorist coverage on his auto insurance plan. But even those cyclists who don’t own cars can cover themselves and help guarantee they get paid for their injuries if an incident like that which occurred here happens to them.
There are companies that specialize in bicycle insurance that will cover you and damage to your bicycle, should a crash occur. (Many even cover bicycle theft.) “There are a bunch of ways to make sure you’re safer,” says Stuart Leon. “One is on your car insurance policy, which is what Mike had, and the other is to buy bicycle commuter insurance from a company like Markel or Velosurance. We’re not in the business of selling insurance, but with a relatively low cost of about $100 to $300 per year, and the fact that there are dickheads driving around Philly without insurance or licenses, it’s a good idea to make sure you’re covered. We were able to get Mike what he deserved because he had insurance.”
Zach and Stuart Leon Bicycle Crash Lawyers recommend their clients and future clients are covered, in order to guarantee that they are covered for things like injuries, time off of work, and other damages, should a crash occur.
After all, the sort of driver who is willing to engage in a hit-and-run probably isn’t the sort of person who’s making sure they’re up to date on their insurance.
“The uninsured motorist coverage should be called ‘oh shit insurance’ or ‘hit-and-run insurance’,” says Zach Leon. “Insurance companies don’t ask you if you ride a bike, which makes you much more susceptible to sustaining serious injuries if you are in a crash with a car. Checking the box on your insurance policy for this sort of thing is a no-brainer for bicycle riders.”
As for Kokayko, he still cycles and maintains the same activities he did before the incident. “It’s still a little frustrating, since he easily could have killed me,” he says. “Luckily, I had a good auto policy with a reputable insurer and was represented by Zach and Stuart, who are excellent lawyers.”