Auto Insurance Claims: Whos at fault?, hi tim, claims adjuster

Question
Hi,
 So here is the deal: I was riding my motorcycle around a bend to the right on a two-lane road. On the inside of the bend (to my right) a car was waiting at a stop sign to make a left onto the road. As I approached, he started to pull out as if he didn't see me. I immediately started slowing down and he hesitated as if he just saw me. I was still approaching him and it looked like he was going to stop in the middle of my lane, so I started to swerve left into the opposing lane (it was clear) because my only other options were T-boning him or riding off the road into a dirt shoulder and fence. He started to speed up again to get out of my lane so I tried my best to swerve back to the right side of my lane. I couldn't get over enough and the front-left corner of my bike impacted his driver's-side back door. Keep in mind I was slowing down as much as possible without flipping over or dropping my bike this entire time, and I cannot recall if I actually past the centerline in trying to avoid him. Seeing as there were no witnesses and no police report filed, neither of us can prove it. So my questions are: Who is at fault? Who's insurance should cover the damages (and who's should I call)? Can the insurance companies decide between themselves who will pay without a police report? If the other guy's story differs much from mine, should I expect a trial in court? Thanks much for the help.

Answer
Hi Tim,

If you had the right of way and he was at a stop sign waiting to make a left turn, then it would be the other guys fault. The problem is that it is your word against his.  You should try to file the claim with his insurance company. Their claims adjuster will take a statement from you and from the other driver and will make a liability decision based on those statements. It the other insurance company denies your claim, then you should make the claim with your insurance. If your insurance companies adjuster feels the other guy was at fault, then the 2 insurance companies will work it our between themselves.

I hope this helps
Richard Hixenbaugh