Like our favorite lawyer answer to many questions, it depends. There are many different factors that come into play for a motorcycle accident insurance claim. It can depend on if the other driver was at fault, if they have insurance, if you have motorcycle collision coverage, and whether or not your bike is totaled, and many others.
Provided that you have your own motorcycle collision coverage, it will probably be fastest to go through your own insurance carrier. This is because they won’t be concerned with who’s at fault for the motorcycle crash. The main focus will be on repairing the bike first, not trying to determine who’s at fault. Under California law, insurance companies have a duty to act in good faith with their insureds.
If you don’t have your own collision insurance, your only choice may be to go through the at fault party’s insurer. This will take much more time because they will want to conduct an investigation, take statements from the parties involved, and try to determine who was at fault or if both parties contributed to the accident. This could cause a delay in getting your bike fixed by several weeks.
Paying the deductible may be worth it even if the accident wasn’t your fault. Paying this up front will get your bike fixed right away as opposed to having to wait and deal with the other party’s insurer. If your own insurer believes the other party was at fault, they may not even ask you to pay the deductible because they will be reimbursed from the other driver’s insurance. And if you do pay it, it will usually be repaid in a few weeks if the other driver is found to be at fault.
How is liability proven in a motorcycle accident?
There are four things that must be met for liability to be proven. First, there must be some rule of the road (this doesn’t necessarily have to be a traffic law) where the driver/rider has a duty to another. This could be to make sure to check your blind spot, not run a red light, not drive distracted.
Second, this duty must have been breached or broken. For example, the rule of the road is to not reach into your backseat. If a driver does this and causes an accident, they’ve breached their duty.
Third, there must be relation between the accident and injury. The injured party must prove that the accident actually caused their injury, not something else. Medical treatment is critical when it comes to this aspect of proving any vehicle accident claim.
Finally, there must be some actual damage. This can be an injury to the victim or to their vehicle or other property. If an accident occurs, but there is no damage, there is no claim. Damages will include medical bills, any ambulance ride to the hospital, lost wages from missed time at work, and property damage. Also, it is important to note that without any proof of injury, an accident victim (916) 619-5452 or you can contact us online.
