What can I do regarding a motorcycle accident that was not my fault and I’m uninsured?

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What can I do regarding a motorcycle accident that was not my fault and I’m uninsured?

The my motorcycle, that I just bought within the hour, was in a parking lot in between cars. It was dropped when a girl was backing up. I got her info, however she doesn’t want to give me her insurance so I can call them and explain what happened. Now the motorcycle doesn’t start anymore and a mechanic already found the problems and custom paint damaged. I don’t have motorcycle insurance and only have a regular driver’s license as I wanted to get them after buying this bike. The bike was just standing and I didn’t get to drive it. What should I do?

Asked on August 26, 2017 under Accident Law, California

Answers:

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

Answered 4 years ago | Contributor

Your recourse is to sue the at-fault driver for negligence.  Your damages (monetary compensation you are seeking in your lawsuit) would be the property damage (cost of repairs) to your motorcycle.
Depending on the amount of your damages, you may be able to file your lawsuit in small claims court.  Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.  You can enforce a court judgment against the at-fault party with a wage garnishment.
Prior to filing your lawsuit, tell the individual that she will be sued unless she immediately provides you with her auto insurance information.  If you have her auto insurance information, you can file a property damage claim with her insurance company instead of filing the lawsuit.


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