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I was involved in an accident while riding my motorcycle.

Los Angeles, CA |

The other driver was at fault. My driver's license was suspended and I didn't have a license to drive a motorcycle when the accident occurred. Does this limit my damages? I heard I don't get pain and suffering because of this, is that true?

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Attorney answers 7

Posted

You are correct - you may not collect for pain and suffering, unless the other driver is convicted of DUI or some other serious infraction. You may collect for lost wages and the cost of medical care, although that ends up getting repaid to whatever insurer, if any, covered the cost of your care. It's still worth running by a PI attorney. Good luck.

Richard Andrew Harting

Richard Andrew Harting

Posted

This is incorrect. The issue is whether you had liability insurance not whether you had a driver's license. You can have insurance without having a driver's license.

David Lee Fiol

David Lee Fiol

Posted

I have to admit that Mr. Harting is literally correct: if you were able to buy liability insurance on our bike despite the lack of a license or M class endorsement you would not be deprived of the right to recover for your pain and suffering. I doubt that is the case, but you might want to clarify that issue.

Posted

That is accurate, you won't be able to receive compensation for pain and suffering (non-economic damages). However, that doesn't mean you'll be unable to collect a large settlement, including but not limited to medical bills, past and future wages lost, and damage to personal property. It would be in your best interest to retain the expertise of qualified council. Many of the attorneys at my firm are riders themselves, and are very aware which facts to investigate when building a motorcycle case. I encourage you to contact myself or another licensed California attorney on Avvo as soon as possible. Good luck.

The information provided here is for informational purposes only, and should not be construed as legal advice on any subject matter. Bergener & Associates, PLC is a personal injury practice serving accident victims and their families in the State of California only. No individuals should act or refrain from acting on the basis of any answers to questions without seeking the appropriate legal or other professional advice from an attorney licensed in their state. Transmission of information via this website does not create an attorney-client relationship between any attorney at Bergener & Associates and any recipient, nor is it intended to do so. The content provided does not create any warranty, express or implied. Hiring a lawyer to represent you is an important decision and should not be based solely on advertising.

James Michael Bergener

James Michael Bergener

Posted

To be clear, my answer is based on the presumption that since you have not mentioned insurance, you don't have coverage. However, YOU CAN collect for pain and suffering with a suspended license, or even no license, if you have insured the vehicle. Contact me if you need further clarification.

Richard Andrew Harting

Richard Andrew Harting

Posted

This is incorrect. The issue is whether you had liability insurance not whether you had a driver's license. You can have insurance without having a driver's license.

James Michael Bergener

James Michael Bergener

Posted

Thank you for your input. Please note that this is exactly what I clarified in my comment.

Posted

That is correct. Make sure to get that taken care of so that you do not have something unfortunate like this happen again. As discussed above, there are damages that you are still entitled to recover and it is still important for you to contact an attorney. Good luck.

This communication offers general information based on the very limited information provided, and does not constitute the giving of legal advice, nor does it establish an attorney-client relationship.

Posted

True. No pain & suffering, but other damages are available, so contact one of the above lawyers in your state for representation.

Posted

No that is not correct. What limits your P&S is the failure to have liability insurance. You can still have insurance without having a drivers license.

David Lee Fiol

David Lee Fiol

Posted

Mr. Harting, if this gentleman had neither a license nor even a motorcycle endorsement he also could not have insurance for the use of a motorcycle, and he said it was HIS motorcycle, so no one else could have insured it. Thus the ultimate result is the same. I would ask you to find better things to do than nit pick other attorney's answers. You answered the question also, for what it is worth, and that is more than enough.

Posted

Getting the same recovery for an unlicensed motorcycle rider as one with a valid license (at the time of the accident) will pose quite some difficulty as there are laws which penalize a person for the illegal act of driving without a license. That said, one of my clients last year settled for just a smidge under policy limits (and not at all a minimum policy fortunately) for the injuries he sustained (fractured leg among other things) when he was hit by a driver but allegedly did not have a valid motorcycle license and was driving someone else's motorcycle. Had he had a license and was driving his own insured motorcycle, he may have been entitled to more but collecting above policy limits would have been "a whole nuther" problem.

- Paul

Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com

"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

Posted

The issue is whether you had liability insurance at the time of the accident. If you did you can recover for pain and suffering. If you didn't you can't.

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