The primary defense insurance companies will use is trying to deny or limit settlements for motorcycle injury claims. They will try to place part of the blame on the motorcycle rider. If they are found to be a certain percentage at fault, it could impact the amount of money they would receive in a settlement.
The facts of the loss are what should be used to determine whether the motorcyclist bears any blame for the accident. In most cases, motorcyclists do not end up being blamed for accidents unless there are facts that suggest that they did something wrong or were at fault. In any type of accident it is beneficial to get the police to arrive at the scene and file a report. If the police are unable to get to the scene, the motorcyclist should get any witness information that you can use to corroborate your story. Depending on where your accident happened, it may have been recorded. There are cameras everywhere. Nearby shops, road intersections, highway cams, and even other driver cams. Scan your surroundings to see if you can spot any cameras and see if you can get a recording of the accident.