What does the insurance company not want you to know about "SMIDSY"? They do not want you to know it is often less a real defense than a polished way of saying, "Sorry, I just didn't see the motorcycle." SMIDSY stands for "Sorry, Mate, I Didn't See You," and it is commonly used after a driver turns left, changes lanes, or pulls out in front of a rider. In plain terms, it is an attempt to explain away a crash by claiming the motorcycle was hard to notice.
That matters because "I didn't see them" is not the same as "I wasn't negligent." In Indiana, drivers still have a duty to keep a proper lookout and yield when required. A SMIDSY argument may be used to shift blame onto the motorcyclist by suggesting speeding, poor visibility, dark clothing, or lane position contributed to the wreck. That can reduce or defeat a claim under Indiana's modified comparative fault rule. If a rider is found 51% or more at fault, recovery is barred; below that, damages are reduced by the rider's share of fault.
In a motorcycle injury claim, this defense is often challenged with crash reconstruction, witness statements, traffic-camera footage, skid marks, and vehicle damage. Indiana's statute of limitations is generally two years from the crash date, so delaying while the other side repeats "never saw him" is rarely a good strategy.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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