It is critical that you have insurance on your bike. If you don’t and you are in an accident you may lose your license, be fined and be denied recovery for your injuries.
Insurance Coverage
It is critical that you have insurance on your bike. If you don’t and you are in an accident you may lose your license, be fined and be denied recovery for your injuries. Under Proposition 213, passed in 1996, uninsured motorists cannot recover for pain and suffering or loss of enjoyment of life even if an accident is not their fault. You could be rendered completely disabled by the fault of another insured motorist and you would be denied any damages other than medical bills, property damage and lost wages. Proposition 213 is being challenged in the courts, but you should not take chances. Insure yourself!
You should make sure that your insurance provides un
derinsured/uninsured motorist coverage in ease you are hit by someone without insurance. One quarter of all vehicles in California are uninsured, often leaving innocent motorcyclists with no ability to recover damages for their injuries.
The Collision
If you are involved in a collision you should take the following steps to care for yourself and your passengers and to protect your legal rights protect your legal rights.
1. Do not admit fault for the accident to anyone.
2. Stop. You must stop if you are involved in an accident. Failure to do so may constitute a felony for hit and run.
3. Check with the people involved in the accident to see if they have been hurt. Call the police. Call an ambulance if one is necessary.
4. Obtain the driver’s critical information including name, address, phone number, drivers license number, vehicle registration certificate, insurance carrier, insurance agent, insurance policy number and phone number for the insurance agent. Also obtain the vehicle make, model, license plate number and date of registration expiration. There is space provided in the back of this brochure to collect this information.
5. Gather information regarding all of the occupants or riders from the vehicles involved in the collision. They may be witnesses to the events.
6. Gather the names of all other witnesses to the events. Space for recording these witnesses is located in the back of this booklet.
7. Obtain pictures of your vehicle and any other vehicles involved in the collision. Take photographs showing the damage the accident site, any traffic control signals and devices and any physical injuries you have suffered.
8. If the police do not respond to the scene you should go to the nearest police station as soon as possible and make a report listing your version of the events. Additionally you are required by statute to file a report with the Department of Motor Vehicles should your accident involve injury to a person or property damage of a significant amount (in excess of $500.00).
Damages & Recovery
If you are injured in an accident and suffer damages you may be entitled to recovery of these damages depending on whether or not you are the responsible party. If the accident is completely your fault you may be liable for the other party’s damages. If the accident is the other party’s fault you should be able to recover the following damages:
1. Property loss.
2. Medical expenses.
3. Wage loss (past and future).
4. Pain and suffering.
5. The loss enjoyment of life.
6. The loss of consortium (marital support & services).
The amount of recovery will depend upon your injuries, the presence of insurance and your percentage of fault. If you have no fault in the collision you should be able to recover 100% of your actual out of pocket damages plus a figure to compensate you for pain and suffering depending on insurance. If you have some fault in the accident you may have your recovery reduced by some percentage equal to your relative fault. Therefore, you should drive as cautiously as possible.
Legal Representation
If you are involved in a collision you should consult with one of our motorcycle accident attorneys regarding your legal rights as soon as possible. There is no fee for an evaluation of your case. Our lawyers are paid on a contingency fee, (we get a percentage of your recovery) only if they achieve a settlement or verdict in your favor. Insurance companies pay their lawyers by the hour to try and make sure you get no money or as little money as possible. They will contact you immediately to try and take your statement. You should not talk to them prior to contacting our law firm or another attorney. The insurance company is not your ally.
We understand the seriousness of your case. As motorcycle/cycle enthusiasts we ourselves have been through the legal system following accident and injury. We move promptly to settle any of your property claims and/or obtain substitute transportation so that you may once again become mobile. Often this can be accomplished within days or weeks of your collision. Through the use of a sophisticated data base we track the progress of your case and immediately begin collecting data and information from your medical providers, employer, witnesses, police and other sources to provide you with aggressive legal representation to protect your rights and maximize your recovery. It is our goal to see that you get fully and fairly compensated for your injuries. We seek a fair and realistic resolution of your case; we do not hyper-inflate your injuries or damages and therefore we are respected within the insurance community and achieve better results.
Depending on the issues involved in your case, resolution may take anywhere from several months to several years. Our lawyers will assist you in locating affordable medical care, state disability, and other services to assist you following your collision. We use our knowledge and experience to help minimize financial and emotional hardships which an accident can cause.
