I was in a motorcycle accident. The driver of the pickup truck had an overload, was unable to stop at the stop light and hit me.
I was taken to emergency, no broken bones and my bike was totaled. His insurance says they cannot settle anything until they interview him and they have 40 days; it has been 23 days. They have been unable to contact him. What are my rights now or do I have to wait for them to find him?
If you have converage on your motorcycle to take care of your property damage, I would file a claim with your own insurance company. They will then try to recover what they paid from the other insurance company and also recover your collision deductible.
Your medical bills should be submitted through your own health insurance if you have it. It looks like liability is clear (should obtain a copy of the police report) but the insurance company does need to talk with their own insured to complete their investigation.
At some point they will need to make that decision. We have specific statutes in the state of Washington which governs the way insurance company handles claims.