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Does anyone know how the Comparative Fault Law effects motorcyclist s? |
In Missouri we are in the process of getting a bill written for this session in congress to stop the Insurance companies from saying we are at any fault just because we are on a bike in an accident.Did you know if a car slams into you at a light, they consider you a % of fault due to the fact you are on a bike? There fore they only have to pay a % of damage done? How many know about this? Wow that sounds very very wrong. I am hoping that the AMA http://www.ama-cycle.org/ is also aware of this and trying with your group to change that law. I searched their page and couldn't find anything listed there about this... contact them they have a strong lobby at state and federal levels. That would be gounds to remove a cage drive from the gene pool. Guess I won't be riding through Missouri any time soon! (And I though California had screwed up laws!) How stupid. That's like blaming pedestrians on the sidewalk for not dodging a drunk driver! Sounds like something GEICO would think up so they can keep paying for their damn CGI lizard instead of paying claims. I'm not too sure this is nationwide. I have a fair amount of experience with NY state auto insurance and I have never heard of anything like this. Comparitive negligence basically means that it takes 2 vehicles to cause an accident... therefore, both are partially at fault. There is rarely a case where one driver is 100% at fault. In most instances. If you are stopped at a light or traffic device and you are rear ended, the other driver will be 100% at fault. But lets say you stop short and get rear ended.. you will be (let's say) 10% at fault becuase you should not have been following the car in front of you so closely. As far as I know comparative negligence works the same for cars an motorcycles (at least in NY). That's a load of BS. Being on a motorcycle is not considered comparative negligence anywhere, and it certainly isn't a proximate cause of anything. Claims guy This is not nationwide. We don't have anything like that here. There are state with comparative negligence laws but it has nothing to do with bikes. Each party is assigned a % of the fault in the accident. Where I am at if the damages are under 5000 the party that is 51% at fault becomes 100% at fault. You should have your friend check with their company again regarding this. |
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