Expert: Richard Hixenbaugh - 5/19/2009

Question
While driving my motorcycle with my wife, a tire rim came toward us in the other lane (where is came from, no one knows).  As it appraoched me, it turned and made a beeline for my front tire. I was going about 55mph and I'd estimate the rim was doing about 40mph. I had very little time to react and hit the rim with the front tire.  We went down.  I have considerable injuries and my wife has less.  Her medical expenses are about $13,000 and have been filed with my motorcycle insurance co. under passenger liability coverage.  My expenses are being covered by my health insurance.  Now the motorcycle insurance co. is refusing to cover her medical expenses saying that the accident was not my fault and that I am not liable for her injuries.  BTW, it took them 6 weeks to arrive a this.  The police report didn't indicate any blame.  I was driving.  I didn't avoid the hazard.  I dropped the bike and caused her injuries.  It seems as though the accident was my fault and they should cover the expenses.

Answer
Hi John,

Unfortunately, they are correct. You were not at fault. The liability is with the person who lost the tire rim. It was because of their negligence that that the accident occured, not due to your negligence. If the identity of the owner of the tire rim is not known, then your wife will have to put her medical bills on her own health insurance.

I hope this helps
Richard Hixenbaugh