by motorcycle rider » Thu Apr 02, 2009 07:42 pm
I ride a motorcycle and was side swiped.... now their insurance company is billing me $1,600 for the other guy's damage. I just got the letter in the mail.
This was not my fault. The cop who did the report gave each of us $600 worth of damage and stated that no one was at fault. We walked away and was done with it... or so I thought....
So now I have a letter in the mail from State Farm saying that I need to cough up $1600 to them for his damage. I do not have motorcycle insurance because it is not needed.
The guy merged into my lane while speeding and hit me.
What should I do?
This was not my fault. The cop who did the report gave each of us $600 worth of damage and stated that no one was at fault. We walked away and was done with it... or so I thought....
So now I have a letter in the mail from State Farm saying that I need to cough up $1600 to them for his damage. I do not have motorcycle insurance because it is not needed.
The guy merged into my lane while speeding and hit me.
What should I do?
Posted: Thu Apr 02, 2009 09:53 pm Post Subject:
Have you ever spoke to the other person's carrier? I'm betting that had made some type of effort to obtain your version of the accident. Have you called them to ask why they think you are liable for their insured's loss? I'd start there.
If they choose to pursue recovery you will need to provide yourself a defense. This can be costly... depending on how they want to proceed.
Posted: Thu Apr 02, 2009 09:59 pm Post Subject:
Yes... i gave them a statement.
Posted: Fri Apr 03, 2009 04:58 am Post Subject:
Florida does not require motorcycle insurance at all.
Posted: Fri Apr 03, 2009 09:17 am Post Subject:
Florida does not require motorcycle insurance at all.
But still you are financially responsible for the damages caused to the other driver.
However, from your version it seems that the other motorist has contributed to the accident too. But the insurance company now is finding you liable for the damages caused to their policy holder. :(
What have you told them in your statement? Have you given them any information which might have gone against your defence?
Posted: Fri Apr 03, 2009 09:26 am Post Subject:
Rider, its true that FL laws doesn’t required the motorcyclists to carry insurance on them, but they would still be responsible for the PD and BI damages done by them. Further, if the driver is found responsible for causing accident, insurance would then become mandatory for him, which he must have to carry for three years at least.
Posted: Fri Apr 03, 2009 09:30 am Post Subject:
And, yeah, another important factor is the 'helmet' issue. According to the FL laws if the rider decides to ride without helmet, he must then carry medical insurance which is not required otherwise.
The laws can be really confusing at times. :(
Posted: Fri Apr 03, 2009 10:45 am Post Subject:
Hi motorcycle rider
Why don't you ask the insurance company to offer their reasons for the claim. Is there a copy of the report given by the cop at the time of the accident? You can use this as some amount of defense. If it is mentioned in the report that no one was at fault, it might help you. Well, even if you are not at fault, as per comparative negligence you will be responsible for some percentage of the accident. However, ask them what they are charging you the money for.
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