basically depends on which insurance company can fight better. about a year ago, I was driving to work. The building had an off-street that was a one-way and the parking lot was on that street. Kind of hard to fully explain, but basically the one way street was about 100 feet long and everyone just drove down it the wrong way in order to get to the parking lot as going the correct way meant literally driving about 5 minutes around a bunch of streets.
ANYWAY, I was driving to the parking lot and traveling like 10 mph or so. This delivery guy (who was driving down the wrong way as well) parked and opened his car door directly into the side of my car as I passed him. well, in NY there is a law that basically states that when a moving vehicle and a parked vehicle hit each other, the moving vehicle is liable. well, yeah, that makes sense except for when someone opens his door INTO the side of your car... caps came, looked at what happened and basically let us handle it after exchanging info. didn't give either of us tickets even though she knew we were heading the wrong way.
well, even though the law more or less states that I should have been liable, my insurance ended up fighting with the other guy's insurance and I only had to cover 25% of my deductible and he had to cover the rest. and the only reason for that was because they concluded that since *I* was traveling the wrong way that it HAD to have something to do with the accident (regardless of whether or not he was too...)
so in the case of the motorcycle, i'd assume that probably the insurance would look at whether or not the cyclist was driving safely in the first place. If he was driving too fast to react to the driver opening the door, etc. I think in THAT case? the cyclist would have to cover the brunt of the deductible. Usually there are laws about opening up a car door into traffic without looking as well, so...
