It’s no different from any other motor vehicle case – whether it’s a truck, a car, or a motorcycle. Following motorcycle accident law, enforcement will interview both drivers, get their versions, and the officer will probably draw a diagram of the scene and interview any witnesses. Based on the statements, he will give his opinion as to who is at fault. If the statements from the two parties are contradictory, the officer will note that he was unable to determine fault.
The insurance company doesn’t have to follow enforcement’s opinion, since he wasn’t really a witness, but they’ll look at the statements made and the diagram to help formulate their position. Usually, the insurance company is going to make a decision based upon what their client says and whether or not their statement is consistent with the diagram, with what the officer observed at the scene and any statements by witnesses.
But generally, fault is determined based on the rules of the road, which apply the same to motorcycles and cars. For instance, cars don’t automatically have to yield to motorcycles. The right of way is “a turn” by local traffic laws.
Who is responsible for my medical bills in a motorcycle wreck if it wasn’t my fault?
If you’re injured in a motorcycle accident that was caused by someone else, the other party is responsible (which is usually their insurance carrier). And they’re responsible for medical bills, property damage, lost earnings, future medical expenses and your injury – which we call pain and suffering.
If it was my fault, who’s liable for the damages?
You’re responsible. If you caused the wreck you are responsible for your medical bills and hopefully you have health insurance to cover this. This is similar to any other type of accident, whether you’re the driver of a car or truck or bicycle. If you’re at fault, you’re on your own for the medical bills.
So if you can’t prove that it was the other’s person fault?
Then you’re in trouble.