Another way for Insurance companies to avoid payment based on semantics. Does this mean if a bicyclist is on an electric bike on full power he/she is not a bicyclist? Or what if the bicyclist is on power assist? Is he/she now not a bicyclist? What if a pedestrian is running faster than bicyclist is moving into the same intersection and they both get hit by an auto? Are they both eligible for PIP? What if the scooter guy got hit by a vehicle jumped off the scooter and rolled underneath a parked car when he received his injuries. Wasn’t he technically a pedestrian at the impact time of injury?
I’m predicting the high court is going to look past the technical wording that defines pedestrian/bicyclist which is probably outdated and not realistic with all the different pedestrian assist vehicles that are now in use, and make a common sense decision that the E Scooter guy deserves the PIP.
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Another way for Insurance companies to avoid payment based on semantics. Does this mean if a bicyclist is on an electric bike on full power he/she is not a bicyclist? Or what if the bicyclist is on power assist? Is he/she now not a bicyclist? What if a pedestrian is running faster than bicyclist is moving into the same intersection and they both get hit by an auto? Are they both eligible for PIP? What if the scooter guy got hit by a vehicle jumped off the scooter and rolled underneath a parked car when he received his injuries. Wasn’t he technically a pedestrian at the impact time of injury?
I’m predicting the high court is going to look past the technical wording that defines pedestrian/bicyclist which is probably outdated and not realistic with all the different pedestrian assist vehicles that are now in use, and make a common sense decision that the E Scooter guy deserves the PIP.