Auto Insurance Claims: Liability, dirt strip, motorcycle driver

Question
Hi. My son pulled into work beside a motorcycle of one of his coworkers. There is no parking lot, just a dirt strip where everyone parks. During the day, the motorcycle driver moved his cycle behind my son's car to clean the tires off. He got busy and didn't move it back. When my son left, he clipped the cycle and it fell to the ground causing damage. The police were called, and noone was determined at fault. Who is liable for the accident and do I have the right not to file it on my insurance? I asked for him to call me before he filed a claim, and he didn't do it. I would appreciate some kind of answer, because I believe the co-worker is trying to take my son for a ride without a helmet! Thanks!  

Answer
Hi Sarah,

Unfortunately, your son would be considered to be at fault. Regardless the fact that the motorcycle was moved during the day, it was parked and not in motion. Since it was a stationaly object your son has a duty to be sure he can safely back up without hitting stationary objects.

I hope this helps
Richard Hixenbaugh