Does person that hit my parked bike have to pay for it even if my bike was uninsured?

UPDATED: Oct 1, 2022

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Does person that hit my parked bike have to pay for it even if my bike was uninsured?

My bike was parked behind a truck while I was at my
girlfriends house and some guy backed into my bike
causing it to fall over and get some damage. My bike
is uninsured but I would like to know if the other guys
insurance would still be paying for the damage that
was done on my bike. I was not operating my bike
during the accident. My bike is also all paid off I’m
not sure if that matters or not. I live in California.
Thank you guys

Asked on September 3, 2017 under Accident Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It is irrelevant that your bike is uninsured because the other driver is at fault in the accident. It is also irrelevant whether or not the bike has been paid off.
Your property damage (cost of repairs) claim should be filed with the at-fault party's insurance carrier.
The questions you were asked by the at-fault party's insurance carrier are irrelevant.  The other driver was clearly at fault for hitting a parked bike.
If the other insurance company denies liability, your recourse is to sue the at-fault driver for negligence.  You can file your lawsuit in small claims court.  Your damages (monetary compensation you are seeking in your lawsuit) would be the cost of repairs.  Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.  You can enforce the court judgment against the at-fault party with a wage garnishment.
If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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