Since 1983 Missouri has been a pure comparative fault state. Pure comparative fault allows your damages (property damage & injury claim) to be reduced by the percentage you are at fault in a loss.
The insurance company is allowed to investigate an accident and make a decision as to the percentage of fault of all individuals involved.
Insurance companies in Missouri had been alleging that individuals who operated a motorcycle and were involved in an accident were partly at fault for their damages because they were operating a motorcycle at the time the damages occurred.
Freedom of Road Riders was able to pass legislation this year which made it an unfair claims practice for an insurance company to allege that you were partly at fault for your damages solely based upon the fact that you were operating a motorcycle at the time.
Will this stop them from assessing any fault upon the motorcyclist?
The answer to that question is no. If the motorcyclist somehow contributed to cause the accident say by failing to properly signal or failing to abide by some rule of the road the insurance company can still assess a percentage of fault based upon those facts.
However, they can not assess fault solely based upon the fact that you were operating a motorcycle instead of a car, truck, etc.
If you, or someone you know is involved in a motorcycle accident and the insurance company says they are going to assess a percentage of fault to you be sure to ask them for specific information about why they have made this allegation against you.
Also keep in mind that insurance companies are not held by the same standard as a court of law.
Therefore if you feel you have been unjustly treated by an insurance company, discuss your claim with an attorney before you sign any settlement documents.
Freedom of Road Riders
forr.net
Lake of the Ozarks, Mo. —
