They could. It depends on the facts. Even though it is a hit-and-run situation, your insurance company is still entitled to examine how its own insured was conducting himself. For example, was the motorcyclist driving too fast? Was the motorcyclist changing lanes in a dangerous fashion? Did the motorcyclist fail to have his headlights on in darkness?
Home » Blog » Would my insurance company ever argue the possibility that there was some comparative negligence, or that I was careless or caused it myself?