Lincoln, CA asked in Car Accidents and Personal Injury for California

Q: I just got rear ended waiting at a red light while driving my motorcycle? Just bought the motorcycle from my friend and

So the motorcycle is not in my name and niether is the insurance for the motorcycle. Also I don’t have a M1 endorsement on my drivers license. What steps should I take? The driver completely admitted 100% fault and I exchanged info and documentation.

4 Lawyer Answers

A: The motorcycle may still legally belong to your friend, and you might be insured as a permissive user of the motorcycle. If you are injured that can be a big deal. Uninsured drivers can only recover damages for their economic losses (medical expenses, property damage and wage loss). Insured drivers can recover damages for all of that plus "pain and suffering." Contact a personal injury attorney for a thorough analysis of your potential claims if you are injured.

Haleh Shekarchian
PREMIUM
Answered

A: You would be entitled to money for your medical bills, loss of earnings, property damages etc

You would also be entitled to money for pain and suffering but you need to prove you were covered by liability insurance unless the other party was DUI.

You should contact anyone of us on Justia for a free consultation.

James Clifton
PREMIUM
Answered

A: If you have existing insurance on another vehicle, there may be a grace period where the motorcycle will also be insured even without it being officially added to the policy. If there was a bill of sale signed, the motorcycle is officially yours, and it is unlikely that your friend's insurance policy will cover the accident. The at fault party's insurance will cover economic losses but not pain and suffering. If the motorcycle is covered by the grace period on your existing insurance policy, you will also be able to recover for pain and suffering. Schedule a free consultation so that your situation can be fully analyzed for the best results.

James L. Arrasmith
PREMIUM
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Answered

A: Your immediate priority should be seeking medical attention if you haven't already, as motorcycle accidents can cause injuries that aren't immediately apparent.

Despite the other driver admitting fault, your situation has some complications that need addressing quickly. The lack of proper motorcycle licensing (M1 endorsement) and riding without insurance in your name could lead to legal issues, including possible citations and fines. However, these factors don't automatically negate your right to seek compensation for injuries and damages from the at-fault driver's insurance company, though they may affect your claim.

You should consider taking two important steps right away: First, consult with a personal injury attorney who can help navigate the complexities of your case, particularly given the insurance and licensing issues - many offer free initial consultations. Second, start the process of properly transferring the motorcycle title and obtaining both the M1 endorsement and appropriate insurance coverage to prevent future complications. While the other driver may be at fault for the accident, it's crucial to get your documentation in order to protect yourself going forward.

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