I was involved in an accident while riding my motorcycle.

Asked over 1 year ago - 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?

Attorney answers (7)

  1. David Lee Fiol

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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.

  2. James Michael Bergener

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . 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... more
  3. Ryan Daniel Bright

    Contributor Level 11

    6

    Lawyers agree

    Answered . 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... more
  4. Richard Andrew Harting

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . 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.

  5. Paul J Molinaro

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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
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    * 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.
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    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
  6. Gregory Michael Garrison

    Contributor Level 2

    3

    Lawyers agree

    Answered . 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.

  7. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

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