Auto Insurance Claims: Whos at fault?, rush hour traffic, side mirror

Question
In a.m.rush hour traffic at about 40 mph, there was a truck to my left, in the center lane, that had about 10 car lengths between himself and the car ahead of him.  As my lane moved forward, I checked my side mirror and waited until there was adequate clearance between his front bumper and my rear bumper (about 3 car lengths); then I signaled and moved to my left, only to hear a thump--there was a motorcycle right next to me, going faster than me and the truck.  I had been looking in my rear view and side mirrors but never saw him.  Thank goodness he was not hurt.  He propelled forward, scraping my car, tearing off the side view mirror and denting the front fender and was able to keep his balance but did not come to a stop for about 8 car lengths.  We exchanged insurance information and my insurance company (Progressive) now says I am at fault.  I don't know what the rules are for motorcycles, and I don't know what he said to the insurance company, but what I do know is he was going about 60 mph or more and he had to have been splitting the lanes.  He was not in front of the truck or in the lane when I came past the truck and moved over.  I had turned my head and looked left when I passed the truck, but after that I used the left side mirror to judge the distance between the truck and my car before moving over.  Do I have any basis for an appeal?  

Answer
Unless you have indisputable evidence to the contrary (e.g. an independent eye-witness) then I fear your insuanace company's call will stick.

Did anyone get the id of the truck that you mention as given the facts he/she would have to seen everything.

Is there a Police Report on the incident?  If so get a copy and see what it says and if any witnesses are listed.

You can argue with your company re the liability determination but in the final analysis it's their call.

Hope and trust that the above answers your question(s).

Feel free to get back to me with any additional questions/issues relative to this matter.

Please take the time to rate this response in the various catagories...


Thanks