In July 2011, Wendi Hechimovic was a passenger on a motorcycle driven by Joseph Westra, who did not own the motorcycle, but was operating it with the permission of the owner. When the motorcycle collided with a truck, Hechimovic sustained serious injuries. After the accident, Hechimovic recovered money from various injuries policies, including $100,000 from a liability policy issued by State Farm to Westra. Because Hechimovic recovered an amount less than her total damages, she sought insurance coverage from Acuity, who issued a policy to Westra under Wisconsin’s financial responsibility law, which requires certain drivers to obtain a certificate of financial responsibility to maintain their operator’s licenses. Acuity denied Hechimovic’s claim, arguing that the State Farm payment to Hechimovic satisfied Westra’s obligation under the financial responsibility law.
Hechimovic then filed a lawsuit against Acuity. The trial court sided with Acuity, ruling that the $100,000 paid by State Farm to Hechimovic satisfied the requirements of the financial responsibility law. The Court of Appeals of Wisconsin reversed, holding that, because the Acuity policy was the only policy issued to Westra under the financial responsibility law, Acuity must provide coverage to Hechimovic for her injuries.
The Wisconsin motorcycle accident attorneys of Samster, Konkel & Safran, S.C. have extensive experience helping people obtain insurance coverage for their injuries and damages. If you or someone you know has been injured in a motorcycle accident, contact us for a free online case evaluation.