I was in a motorcycle accident and i was the passenger can i sue my boy-friends insurance company? I have moderate injuries.

Asked over 1 year ago - Redlands, CA

We got ejected from the bike because a driver didn't strap down there barbeque pit and it fell out and came strait at us, the driver kept going.

Attorney answers (6)

  1. Steven Mark Sweat

    Contributor Level 19

    16

    Lawyers agree

    Answered . Yes. Because you were a passenger on his motorcycle you may very well be able to make a claim against your boyfriend's insurance. Prior to making any statements to any insurance representatives, consult an attorney. You may say things that could hurt your chances of recovery.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Michael Charles Doland

    Contributor Level 20

    14

    Lawyers agree

    Answered . Perhaps your driver for following too close, probaably the driver of the car with barbeque. Consult a good accident attorney in Redlands and they will handle the rest.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may... more
  3. Michael Raymond Daymude

    Pro

    Contributor Level 20

    14

    Lawyers agree

    Answered . In CA we do not have direct actions against 3rd party insurers. However, you can make a claim for personal injury against your b/f who can then report it to his carrier.

    You should also make a claim against the other driver and/or owner of the automobile if you have contact information.

    If you have automobile insurance, especially if you have uninsured/underinsured motorist coverage, be sure to advise your own carrier of the accident. You may be entitled to medical payments and/or uninsured/underinsured motorist benefits.

    I agree you should retain a lawyer immediately. Since you were a passenger on the motorcycle, your own policy benefits may aid in greater ultimate recovery if your b/f does not have adequate insurance.

    Uninsured motorist benefits require “contact” with a hit-and-run vehicle. There will be an issue if you do not have information regarding the other driver because you did not literally “make contact” with the vehicle.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  4. Bret A. Schnitzer

    Contributor Level 16

    11

    Lawyers agree

    Answered . You can check if you have uninsured motorist benefits either on the motorcycle or at a home policy. As it relates to other benefits check with a CA personal injury attorney.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more
  5. Robert Max Klein

    Pro

    Contributor Level 15

    9

    Lawyers agree

    Answered . Mr. Daymude is right on point. I would add a reminder: make sure to talk to a lawyer before talking to your b/f's insurance company. Also, make sure to take photographs of your injuries.

  6. Craig M. Murphy

    Contributor Level 6

    5

    Lawyers agree

    Answered . You have a possible claim. However, you are going to need good legal advice and assistance. You should contact an attorney who handles motorcycle cases as soon as possible.

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