My motorcycle was wrecked in an accident not my fault. Who pays to get my motorcycle fixed?
This depends on whether there is insurance coverage for the other driver involved, whether you have motorcycle collision coverage on your policy, and whether or not your motorcycle is a total loss...among other factors.
Simply, we have found that it is often better to negotiate the repairs or total loss of your motorcycle with your own insurance carrier under the motorcycle collision/comprehensive coverage, assuming you have it.
We have also found that it is often much faster to go forward with your own motorcycle insurance carrier because your insurance company won’t care who’s at fault for the motorcycle collision. The focus will be on repairing the bike, not first determining who caused the accident. Furthermore, your insurance company has an obligation to act in good faith under California law.
You can go through the at fault party’s insurance to get your motorcycle repaired, and this may be your only choice if you do not have your own insurance, but keep in mind the other party’s insurance will likely want to conduct an investigation and take statements from the parties and witnesses involved to determine fault before agreeing to fix your motorcycle. This process may delay getting your motorcycle fixed for several days, maybe even weeks.
Why should you pay the deductible to have your insurance fix your motorcycle, even if the accident wasn't your fault? In our opinion it’s a lot less hassle than dealing with the other party’s insurer, and eventually (usually within a few weeks) you’ll get your deductible refunded after your insurance company demands that it be repaid (assuming the other driver is found to be at fault). And sometimes, insurance companies waive payment of the deductible if they believe they will be repaired by the other party's insurer at a later date.
Furthermore, your own motorcycle insurance company won’t care who’s at fault for the accident and generally will work to get your motorcycle fixed right away.
The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys expert in motorcyclist rules and regulations.
If you have been injured in a motorcycle accident that was not your fault, call us anytime for free, friendly advice. Sacramento 916-921-6400. Elsewhere 800-404-5400. Or Contact Us Online.