Is contact required in a collision for not at fault insurance claims?

[shanekingsley]

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While I understand the idea of the question, if I am about to get into an collision - the last thing I am thinking about is my insurance policy.

 

[Fr33On2Wh33ls]

Getting an insurance hit caused by another driver who gets away scott-free is a real risk, especially for motorcyclists.

The way to mitigate this risk is to:

1. Improve your situational awareness - to avoid the situation when possible

2. Improve your riding/evasion skills - to react to an unanticipated situation without falling over, colliding with anything, or getting hit by the person behind.

I'd suggest #1 and #2 to be a much better thing to do than working on how to ensure a collision occurs with the least physical impact to yourself.

@FLSTC This was a very logical response and I appreciate the reminders. You are right that avoiding collision with training is the best defense when compared to the alternative. I hope other riders get your message. I personally am always pushing myself to scan the road ahead and anticipate the movements of the traffic around me. I am always looking at brakelights a few cars ahead and do my best to avoid being stuck behind vehicles I can't see in front of. I know from personal experience that practising avoidance techniques really can pay off in real riding situations.

What hurts/kills is typically rapid deceleration from hitting a large object. Given that a car or other vehicle fits into this category, I'd like to think most would try to avoid it at all costs, if they thought in that split-second it was possible. Not to mention yes, maybe you'll hit a curb but then maybe you won't...or even if you do, maybe all you will suffer is a broken leg and a few hundred in repairs, vs paralyzed with an insurance payout.

Now, that said, if we are talking very low speed (say 30km/h or less) and your options are hit them or low-side/hit a parked car next to them...then I guess try to stop but aim for the offender just in case you don't.

@conundrum I have had cars try to change lanes without even turning their head to look and I am right beside them. Usually I honk the horn and hit the brakes to avoid a collision and warn the driver at the same time. BUT what if the risk of being rear ended was too real? What if speeding up was not a good option? I think you are on the right track by looking at the speed as a deciding factor in the equation but as you mentioned sometimes we have less than 1 second to assess the situation, select the best option and implement the best perceived reaction.

The majority of the time, it's not like the rider would have much of a choice to either hit the vehicle or not. Our instincts take over and we'll avoid seriously injuring ourselves at all costs... If it's an obstacle in our way, we'll veer to try to avoid it in the hopes that we'll be better off by having done so. It's not like we have the luxury of time to weigh out the pros and cons in a split second, and act any different than our instincts would dictate.

@KRIME You couldn't be closer to the truth. I remember on a yellow light going through an intersection where a range rover did not see me and proceeded to take a left turn. I reacted with a fistful of clutch and leaned hard to the left while applying brakes hard. I couldnt lean to the right as that was the direction the car wanted to go and the cars in the opposite lane stopped (except for the left turners) If the opposite lane had cars still proceeding through the intersection I would have only had 2 choices. Brake and get run over by the range rover or swerve to the left to avoid the rover but into oncoming traffic and a head on collision. I firmly believe it was 100% instinct that saved my life.

Worse for hitting an object. I had a furnace fall off an open trailer 2 cars ahead of me on the inside lane of the 400. Guy in front veered into the centre lane so I didn't see it until the last second. I had a guy beside me so no place to go. Furnace hit the left front of my car launching it 2 ft in the air. Insurance rules say that once it touches the ground (it bounced and was still moving), I was responsible to avoid it. The only reason I got off with not-at-fault was because of several witnesses and the guy with the trailer stopped & took responsibility with the cops.

Insurance rules seem to be designed to find fault as much and as widely as possible. I guess that's so as many as possible can get dinged with an increase!

@Face I think you might be on to something here! I guess you were lucky in a sense that the driver admitted fault and you had witnesses on your side.

If you hit something to avoid a collision, you still had a collision. Hit the F'er! Leave a dent!

@ mikbusa Lately I have been thinking this way and that is what prompted the post in the first place. I do worry if I follow this type of thinking I will get too maniacal the next time someone gets in front of me or gets in my way I will decide NOT to react and suffer major consequences.

I handle insurance claims for a living. I am typing this from a temporary office in Fort McMurray due to the wild fires. I can tell you unequivocally that there doesn't NEED to be a second vehicle to be not at fault. The best option in this case is to call the police and get them to come out to the scene and write the report showing that you were forced off of the road. You NEED that driver 1 section to be 'unknown, fail to remain' and then it's all good. You will still pay a deductible and will still need collision coverage but you can be NAF.
The other thing is **** the bike - save yourself

@Wasted Thanks so much for your post. This is the very definitive information I was looking for and is really helpful! It helps me to understanding the broader picture when it comes to these types of situations. I can be found not at fault providing a police report shows driver 1 as unknown and fail to remain (which is fully the discretion of the officer attending the scene). Providing I have collision coverage I will simply pay my deductible but I need not worry about increases to my insurance premiums as a result!

 

[Fr33On2Wh33ls]

Getting an insurance hit caused by another driver who gets away scott-free is a real risk, especially for motorcyclists.

The way to mitigate this risk is to:

1. Improve your situational awareness - to avoid the situation when possible

2. Improve your riding/evasion skills - to react to an unanticipated situation without falling over, colliding with anything, or getting hit by the person behind.

I'd suggest #1 and #2 to be a much better thing to do than working on how to ensure a collision occurs with the least physical impact to yourself.

What hurts/kills is typically rapid deceleration from hitting a large object. Given that a car or other vehicle fits into this category, I'd like to think most would try to avoid it at all costs, if they thought in that split-second it was possible. Not to mention yes, maybe you'll hit a curb but then maybe you won't...or even if you do, maybe all you will suffer is a broken leg and a few hundred in repairs, vs paralyzed with an insurance payout.

Now, that said, if we are talking very low speed (say 30km/h or less) and your options are hit them or low-side/hit a parked car next to them...then I guess try to stop but aim for the offender just in case you don't.

The majority of the time, it's not like the rider would have much of a choice to either hit the vehicle or not. Our instincts take over and we'll avoid seriously injuring ourselves at all costs... If it's an obstacle in our way, we'll veer to try to avoid it in the hopes that we'll be better off by having done so. It's not like we have the luxury of time to weigh out the pros and cons in a split second, and act any different than our instincts would dictate.

Worse for hitting an object. I had a furnace fall off an open trailer 2 cars ahead of me on the inside lane of the 400. Guy in front veered into the centre lane so I didn't see it until the last second. I had a guy beside me so no place to go. Furnace hit the left front of my car launching it 2 ft in the air. Insurance rules say that once it touches the ground (it bounced and was still moving), I was responsible to avoid it. The only reason I got off with not-at-fault was because of several witnesses and the guy with the trailer stopped & took responsibility with the cops.

Insurance rules seem to be designed to find fault as much and as widely as possible. I guess that's so as many as possible can get dinged with an increase!

If you hit something to avoid a collision, you still had a collision. Hit the F'er! Leave a dent!

I handle insurance claims for a living. I am typing this from a temporary office in Fort McMurray due to the wild fires. I can tell you unequivocally that there doesn't NEED to be a second vehicle to be not at fault. The best option in this case is to call the police and get them to come out to the scene and write the report showing that you were forced off of the road. You NEED that driver 1 section to be 'unknown, fail to remain' and then it's all good. You will still pay a deductible and will still need collision coverage but you can be NAF.
The other thing is **** the bike - save yourself

While I understand the idea of the question, if I am about to get into an collision - the last thing I am thinking about is my insurance policy.

@shanekingsley I am not about to get into a collision at this very moment which is why I AM taking the time to think about my insurance policy

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