Legal Question in Personal Injury in California

Motorcycle accident with no inusurance.

I and my friend were ran into by a at-fault driver on our motorcycles. He died and I sustained major injuries (major heart surgery, collapsed lung, no spleen ,total knee reconstruction and shoulder reconstruction) medical bills are over $400,000 so far and not quite done with everything yet. I need a cat scan/angiogram every year for the rest of my life and think it will be hard to attain insurance with my condition and if I do it will be at a very high rate. I will not be working for 6-8 months. My medical has been covered under my wifes work policy through Blue Shield. I have all auto insurance but did not carry insurance on my bike. What benefits or recourse can I recover and am I entitled to anything? Totaled bike? Lost wages? Health insurance premiums the rest of my life, any pain and suffering whatsoever?

I sincerely doubt the person even had enough insurance to cover my expenses more less my dead 25 year old buddy? What advice can anyone give me?

Thanks for your time.


Asked on 10/25/04, 9:11 pm

7 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Motorcycle accident with no inusurance.

You'll get a million responses on this, but the bottom line is that the at fault driver will be the one to pay, if anyone. If he has insurance, with high enough levels to cover all or most of your bills, great. If he has minimal or no insurance, that probably also means he has little or no assets to protect, i.e. he is poor. If that is the case, you are out of luck. Without insurance on the vehicle you were driving/riding, you have no coverage, unless you bought the vehicle within 30 days before the wreck.

If the at fault has decent insurance, I would be delighted to help you. If he has no insurance and no assets, no one is interested, because there will be no recovery.

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Answered on 11/03/04, 12:26 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Motorcycle accident with no inusurance.

I am very sorrowed at your inquirey. Look to join other defendants such as the city or county. It may be that an investigation may reveal a dangerously marked, regulated, or maintained roadway/intersection where the accident occurred. Call me directly at (619) 222-3504.

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Answered on 11/03/04, 1:07 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Motorcycle accident with no inusurance.

It was a major mistake to ride a m/c in Calif without insurance. You can collect medical bills, wage loss and property damage from the other company but no pain and suffering--unless the other driver was drunk. You would be limited pretty much to the insurance limits that the other driver had unless the other driver was very well off and had assets worth going after. You should contact a PI atty in the city or county where the accident took place. If you are in the Orange County area, I'd be glad to give you a free consultation to help you organize things.

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Answered on 11/03/04, 4:40 pm
Joel Selik www.SelikLaw.com

Re: Motorcycle accident with no inusurance.

You should have an expert review the case to determine if there may be others at fault (for example, who provided the vehicle, the roadway, etc) to see what other recovery you might obtain.

JOEL SELIK

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We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 11/02/04, 8:12 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Motorcycle accident with no inusurance.

Oh my gosh. I am so sorry for your injuries and the loss of your friend due to another driver. Under CA law, you are generally not entitled to pain and suffering if you did not have insurance at the time of the accident. You are entitled to related medical bills (past and future), lost wages and future loss of earning capacity, and property damage. You (and your friend's family) should immediately contact an experiencecd attorney to evaluate the situation and determine your rights. You need to go after the other driver and see if he has any assets. If he was on the job, you can go after the employer. I will gladly answer any further questions you have privately at (408) 250-9999. I wish you the best with your recovery and offer my sympathy to you and your friend's family for your loss.

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Answered on 11/02/04, 8:18 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Motorcycle accident with no inusurance.

First, you should check to see what type of the other driver carried. Sometimes you'd be surprised by the amount of coverage people carry.

Second, if at the time of the accident the other driver was acting in the course and scope of employment or was acting as an agent for another party/entity, then you may have additional source of coverage.

Third, asset check should be performed on the offending driver.

Fourth, the scene of the accident should be checked to see if there were circumstances attributable to the governmental authorities that contributed to the accident, such as defective design of the road/highway, faulty traffic control light or device, negligently placed, installed traffic control signs, tec.

Fifth, both vehicles (your bike and his car) need to be checked for malfunction, etc.

Let me know if I can help.

Good luck.

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Answered on 11/02/04, 8:36 pm
Daniel King Law Offices of Daniel King

Re: Motorcycle accident with no inusurance.

you really need to have an attorney look at this. unfortunately, you won't really get all your answers over this site, as there are many factors which need to be explored, as the other responses have indicated. please feel free to call. good luck

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Answered on 11/03/04, 1:21 am


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