This is my motorcycle post. I have handled claims where a motorcyclist was involved and I think that we should discuss this topic. I personally do not own a motorcycle, however I have friends and family who do own them and ride them whenever possible. I live in a state with a lot of tourists, and the warm weather brings out both the local riders and the ones that are riding across the country. It is during the this is also the time that I notice that the number of auto claims involving motorcyclists increase as well. I have been the claims adjuster on many claims where either my insured was the motorcyclist, or my insured was in a car and collided with a motorcycle.
I’m not going to say who is right most of the time and who is wrong, because just like any other car accident each case is different. Sometimes the motorcyclist is at fault, and some times the person in the car is at fault. Just like every other claim, these claims come down to who violated the traffic law or applicable vehicle code. I will say though, in my experience, I have seen both police officers and juries side against the motorcyclist a lot. I have read more than one police report where I know that the person in the car violated a certain vehicle code, and the motorcyclist had complete right-of-way, yet the officer sides with the person in the car and place the motorcyclist at fault. It doesn’t happen all of the time. So if you are a safe motorcyclist who properly follows the traffic laws, then you probably do not have a lot to worry about. Also if you are driving a car and hit a motorcyclist, I don’t think you should feel that the motorcyclist would be at fault just because they are on a motorcycle. Even if the police report puts the motorcyclist at fault, remember for every accident, the police report is just a tool based on someone who came out and formulated the best opinion they could after the accident already took place. A lot of the times, the police report is not admissible in a court case for a traffic accident because it is considered hearsay.
Whether you’re a motorcyclist or driving a car, be careful and lets watch out for each other. They have signs that read “Look twice and Save a Life.” That is good advice, and I would also recommend that if you are in a car, it might be wise to turn down the volume of your radio a little so you can hear if there is a motorcycle rider near you, as their engines seem to be much more audible than that of the average car.
I will tell you that I am not a fan of lane splitting/sharing, as I think it is very dangerous. I don’t know why if your riding a motorcycle, you want to take a chance and ride so close to someone in a car or a SUV that may never see you, especially in a traffic jam. At least if you are riding in your own lane, then the driver of the car knows to check before changing lanes. If you are in the same lane next to the car, the driver may try to move over in the lane a little so they can see how far the traffic jam is up ahead, and they don’t realize the motorcyclist is right next to them, so the driver doesn’t look and an accident then occurs. However, I know in some states like California, it is perfectly legal and when liability is being determined, the adjuster and the courts have to go with the rules of the road that apply for that state. So if you are driving a car, it’s a good driving habit to always check your blind spots for that motorcyclist or car before you turn or change lanes. And yes, the driver in a state that allows lane sharing for motorcyclists, would probably be liable for hitting you if he did not check, but my concern on this site is to try and prevent accidents. Great, you’re not at fault for this accident, but you still have a broken leg or arm. That’s not a win to me. So please, everyone, drivers and motorcyclists…Be Careful!
If you were the motorcyclist that was in the accident and the other party’s insurance accepts liability, remember you can claim your property damage. I cannot say if the other carrier will pay it because that adjuster makes that call when the information is presented to him or her, but you never know if you don’t ask. I had to reimburse a motorcyclist’s ostrich boots that he was wearing when my insured driver hit him and knock him with his bike down to the pavement. I am not sure why he thought it was a good idea to wear those boots while riding his motorcycle, but he was, so I paid him for new ones since his were so badly damaged. Boots, helmets, leathers, sunglasses; if they were on you and damaged at the time of the accident, don’t forget to ask that you be made whole for the loss of these items from the other insurance company. They will probably ask for receipts and pictures, so save your receipts and take lots of pictures. – mrhelper@bestcarwreckinfo.com
