Unlicensed Motorcycle Rider

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Unlicensed Motorcycle Rider

I asked this question “In the state of Indiana….. Also, if he is unlicensed, will their personal health & hospitalization insurance cover any injuries. Thank You” …and the answer I received “I can answer half of this. Your health and hospitalization insurance will almost certainly cover you, even if you drove while unlicensed so long as you were not injured in the course of committing a crime.”….So the second part of my question is…..IS RIDING A MOTORCYCLE WITHOUT A MOTORCYCLE LICENSE NOT “COMMITTING A CRIME” SINCE IT A LAW TO HAVE A MOTORCYCLE LINCSE ?? Thank You (#595)

Asked on April 17, 2009 under Insurance Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, okay, not a proper response to begin with.  You were the unlicensed motorcycle rider? If so, your health insurance should cover you even if you were at fault for the accident.  I think the issue is what does your health insurance coverage say? Review the policy.  Back to front.  Further, if you think your health insurance coverage is committing bad faith in covering you, contact the Dept of Insurance in your state, which is: http://www.in.gov/idoi/

In terms of health insurance:

IC 27-13-7-3
Contract provisions
    
Sec. 3. (a) A contract referred to in section 1 of this chapter must clearly state the following:
        (1) The name and address of the health maintenance organization.
        (2) Eligibility requirements.
        (3) Benefits and services within the service area.
        (4) Emergency care benefits and services.
        (5) Any out-of-area benefits and services.
        (6) Copayments, deductibles, and other out-of-pocket costs.
        (7) Limitations and exclusions.
        (8) Enrollee termination provisions.
        (9) Any enrollee reinstatement provisions.
        (10) Claims procedures.
        (11) Enrollee grievance procedures.
        (12) Continuation of coverage provisions.
        (13) Conversion provisions.
        (14) Extension of benefit provisions.
        (15) Coordination of benefit provisions.
        (16) Any subrogation provisions.
        (17) A description of the service area.
        (18) The entire contract provisions.
        (19) The term of the coverage provided by the contract.
        (20) Any right of cancellation of the group or individual contract holder.
        (21) Right of renewal provisions.
        (22) Provisions regarding reinstatement of a group or an individual contract holder.


        (23) Grace period provisions.
        (24) A provision on conformity with state law.
        (25) A provision or provisions that comply with the:
            (A) guaranteed renewability; and
            (B) group portability;
        requirements of the federal Health Insurance Portability and Accountability Act of 1996 (26 U.S.C. 9801(c)(1)).
        (26) That the contract provides, upon request of the subscriber, coverage for a child of the subscriber until the date the child becomes twenty-four (24) years of age.
    (b) For purposes of subsection (a), an evidence of coverage which is filed with a contract may be considered part of the contract.
As added by P.L.26-1994, SEC.25. Amended by P.L.91-1998, SEC.22; P.L.218-2007, SEC.50.


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