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

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. 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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  2. 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 analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. 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. www.schnitzerlaw.net


  4. 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 general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  5. 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. 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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