We represented a woman who was in a motorcycle accident. A car pulled out in front of her and she went down. There was no contact.
Not surprisingly the insurer for the driver said the accident was our client’s fault. It argued that she went down when other riders in her group didn’t.
Surprisingly our client’s own insurance company agreed that the accident was her fault. It didn’t go to bat for her (or itself). This confirmed a point we make a lot: just because you have insurance doesn’t mean your insurance company is going to go to bat for you.
Even though the client’s insurance company didn’t go to bat for her, we did. We obtained declarations from all the motorcycle riders who witnessed the accident and convinced the driver’s insurance company that its insured was at fault. The case settled for more than four times the total medical expenses shortly after suit was filed.