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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

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 AttorneyPages.com 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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