In motorcycle accidents especially, insurance company adjusters are prone to assign you 10-20% liability “just for being there.” This common assertion from insurance companies is not based on the law and you should not accept the insurance company’s estimate of your fault without consulting with an experienced attorney.
I have spoke with numerous motorcyclists who have told me that in their discussions with an insurance company the adjuster has represented to them that they were partially at fault “just for being there.” In my experience, many people accept this as true. This is important to you because if the insurance company believes you are partially at fault for your accident it may reduce the amount of money it will pay you or deny your claim altogether.
There is a legal concept called comparative negligence that does apply to circumstances where liability is not clear cut or conceded by the insurance company. Comparative negligence operates far differently than the insurance company championed automatic 20% just for being there approach.
Below I will explain negligence and liability in more detail, answer the question you should be the most concerned about, and provide you with a recommendation on what you can do to maximize your claim going forward.
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