Originally Posted by zacked
The cars were stopped and letting him through, I imagine. This is what they should be doing.
Exactly. I'm assuming there was a gap in the three lanes that would let a car in or out of the Arby's parking lot. Traffic was not moving.
I contacted my auto insurance agent (a guy I really respect and trust) to get his perspective. His advice is that I should contact the driver and tell him to file a claim with his insurance. He didn't think I should/could file a claim with
my auto insurance, because I wasn't operating a 'vehicle' at the time of the accident. Bikes are not mentioned as vehicles anywhere in my policy. He said there was a possibility that the driver's insurance could come after me for compensation. If that happened, he would file a claim with my insurance to try and limit my financial liability (ie. paying a deductible vs. paying the full cost of repairs).
Regardless, I will be filing an ancillary police report this afternoon to get my version of the story on record. Also, I'm fine with the idea of eating the cost of my bike repairs because my gut says that I have some fault in this situation. However, I do not believe I was at fault to such a degree that I should cover
both parties' full expenses.