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What can I claim when I got in to a motorcycle accident with expired insurance, but that was another driver fault.

Costa Mesa, CA |

I was driving my bike and another car changed lane faulty. So when I was trying to avoid him, I laid my bike down and got injured. The police came and did their stuffs, I also got 2 witnesses.

Attorney Answers 6


  1. Remember to always carry the required auto insurance policy limits required by law. Resulting from CA Prop 213 (1996) Injured Drivers who do not have a valid insurance policy at the time of a collision that was not their fault cannot collect for general damages, i.e. pain and suffering. Recovery is limited to actual economic loss.

    That means you can recover for the actual costs of your damages. Medical bills, lost earnings, and the repairs to your bike but not for your pain and suffering.

    Disclaimer: The preceding is not intended as legal advice and does not create an attorney client relationship.


  2. If you did not carry liability insurance on your motorcycle when hit, you are limited in CA to recovery of economic damages ony, unless the at fault driver was driving under the influence. Economic damages consist of poroperty damage to your bike, medical bills, wage loss and any "out of pocket" bills incurred, like a vehicle rental. You are not entitled to "non-economic damages" for pain and suffering, road-rash scar embarrassment, etc.


  3. It sounds like you did not hit the other vehicle. Did that vehicle stop? Did you get their information? If not, if you are unable to find that driver and your insurance was expired you may have no recourse.


  4. I am one of the biggerst biker and motorcycle accident attorney's in the State. You can check out my website here; www.bikerlawyer.net, and my blog here; www.bikerlawblog.com . My firm handles motorcycle accidents all over the State of California. You should call me for a free consultation at 800-816-1529 x. 1. I will tell you over the phone what I think about your case, and what you may be entitled to.


  5. Spcial damages - you will need an attorney to help you - the insurance companies have an attitude about uninsured drivers ------ we need to change the laws (like the old days!) so you could claim general damages as well (pain & suffering).
    Take care & be safe,
    Mark Peacock


  6. You should consult with an attorney in your state as the laws differ from state to state. I am licensed in Washington. However, in most states, whether you are licensed or not does not impact who is at fault. If there is proof that the other driver was at fault, you are entitled to pursue compensation for all damages available under California law. This would probably include medical expenses, income loss, damage to your bike, and pain and suffering. There are deadlines for filing of claims so you should consult with an attorney promptly. Again, you should speak to an attorney in your own state.

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