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

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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

Answers:

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

Answered 4 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.


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