Home > Research Legal Advice > Car / Auto Accident > What to do about being blamed for bike vs. auto collision, but I'm not a...
Asked about 1 year ago - San Francisco, CA
FlagA motorcycle hit the back of my car when the biker lost control due to sudden attempt to stop. Biker claims I am to blame, but all I did was hesitate when changing lanes. Police report at scene says biker is to blame. Biker insurance company says I'm at fault. Unfortunately, my insurance had been suspended for not paying the premium on time (I know, this is really stupid!). I know I am not at fault. There are no eyewitnesses. The biker insurance company says I am at fault. I am getting legal representation to fight the case. What do you suggest?
If you've suffered an injury, you need an experienced law firm that you can trust. With 31 years experience, we want to be your personal injury expert. We have represented accident victims throughout California working to insure they obtain the most substantial awards available from the Defendants and their insurance companies. You need an experienced and effective negotiator.
If you retain competent legal counsel you should really relax and let the attorney do his or her job. With your facts, there being no eye witnesses and the bike rear ended your automobile and the police report collaborates your version of the facts and finds the biker in violation of the law, I would certainly far more represent you than the biker. Sounds if this case simply does not stand on all fours. The insurance company is probably huffing and puffing; I cannot imagine they would actually file a lawsuit against you with these dismal facts. If there was any damage to your car, it is hard to imagine it would be in excess of $10,000. Your best bet would be for you to file a claim against the biker in small claims court for any necessary repairs and any other related medical bills. You didn't mention any personal injuries in this accident so I presume none exists.
It's not completely clear how this accident happened. If the motorcycle struck you from behind in a rear end fashion while you were attempting a lane change, he is likely completely at fault for the collision for driving at a speed that was unsafe for the traffic conditions in violation of Vehicle Code §22350. There may be other facts not described that would affect that assessment.
Assuming he is completely at fault, he is liable for your property damage and, if you were injured, for medical expenses and lost income. However, since you did not have liabiity coverage, under "Prop 13" you will not be able to recover pain and suffering damages (unless the motorcycle driver ends up being convicted of DUI).
Some attorneys will not handle property damage only cases or Prop 213 cases, but you may be able to find someone. You might also consider small claims court.
If the motorcycle driver or his insurance company is making a claim against you for liability, you should consult an attorney.
Good luck.
S. David Rosenthal
ROSENTHAL LAW
2251 Douglas Blvd., Ste. 120
Roseville, CA 95661
Phone: (916)774-7200
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I think getting an attorney is a good idea. The problem is finding someone who will take the case without charging you an hourly rate that is expensive. You might start by calling the Lawyer Referral Service of the San Francisco Bar Association. You should be able to get a free 30 minute consultation. Good Luck
You could go on the offensive. if there is property damage to your car, you can recover the cost to repair even though you did not have insurance. Small claims court limit is $7500. Then you might able to cut a deal (maybe a walkaway agreement?) with motorcyclist's ins. co before small claims hearing.
I suggest you follow the advice of the attorney you are retaining. Your attorney will be in the best position to know the facts and advise you.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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