Motorcycle + Comm Auto Claim

[nyc2phi]

I have a commercial auto policyholder who does delivery for pharmacies.

While on a delivery the commercial auto was making a left turn. A motorcyclist heading the opposite way was behind a car at the time that was making turn also. The motorcyclist went around that car and stuck my insured. He was seriously hurt but doing ok now.

My questions is will this whole loss fall on my insured? This is in NY.

 

[F150]

you dont have to actually collide to be responsible for the cause

 

[nyc2phi]

you dont have to actually collide to be responsible for the cause

My insured and the motorcyclist did collide in this case

 

[F150]

My insured and the motorcyclist did collide in this case

well, if your client pulled out in front of the motorcycle, why in the hell do you think he aint at fault?

Seriously, what are you asking........

You biggest concern better be, did I issue this policy correctly, vehicle on delivery.......could be an ouch

 

[djs]

Normally, a left turn (except at a left turn light) is going to be found at fault, very few questions asked. Doesn't matter that the oncoming driver was doing 359 mph in a 25 zone. Doesn't matter that they came out of nowhere. Doesn't matter that the skid marks are 643 feet long.

But, in this case, it might. If the motorcyclists passed the car in front illegally, then they are at least partially at fault, if not entirely. Problem is, I have no idea what the rules are in New York much less know the situation here. Was there a second lane? Was there a light? Other traffic? Not much matters really, except how the motorcycle did the passing and if it was legal. It might be a partial fault for both parties.

All that said, making a left turn into oncoming traffic is never a good situation and is almost always at fault. Sort of like rear-ending someone. A few things apply (like were they backing up?) but its so rare, its almost not worth mentioning.

Dan

 

[ToddC]

So many other factors need to be considered so there is no way to tell from your posts. Point of impact to your client's vehicle is one of the biggest. But it also appears that the motorcycle over took the vehicle is was following (we don't know). If so, how far away from the accident location did this take place. Also, why did the motorcycle operator not see your client? The questions go on and on.

 

[goillini52]

So many other factors need to be considered so there is no way to tell from your posts. Point of impact to your client's vehicle is one of the biggest. But it also appears that the motorcycle over took the vehicle is was following (we don't know). If so, how far away from the accident location did this take place. Also, why did the motorcycle operator not see your client? The questions go on and on.

That looks weird...you're one of the original members of the Forum(almost 8 years), yet because you don't have 20 posts it says under your name that you're a new member. Maybe you could pull some strings and have Val change that for you. Have you been a moderator the whole time?

 

[The Colonel]

did the motorcycle leave the roadway to go aroung the other car? NY is a comparative negligence state so your customer is likely more at-fault than the mototcyclist but as others have said there's lots of variables involved... Any independent witnesses?

 

[jessicakappor]

You need to check the complete policy terms and conditions, rather than asking everyone just do the complete task first.

 

[nyc2phi]

You need to check the complete policy terms and conditions, rather than asking everyone just do the complete task first.

Jessica can you tell me how reading the policy terms will let me know if my policyholder is at fault. I could recite you the policy jack for my policyholder, no where in there will it tell me if he's liable for this accident.

There are a lot of other questions that are good that I do not have an answer for. The adjuster will not give me details on the case unfortunately. Probably won't know for some time I am assuming. Just worried about a large claims hurting my loss ratio. Appreciate the help.