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Allen, Flatt, Ballidis & Leslie, Inc.

I don't have motorcycle insurance. Can I still claim damages in California for my motorcycle accident?

California enacted, several years ago, a statute that prohibits a vehicle driver or motorcycle driver from collecting pain and suffering damages if they do not carry automobile or motorcycle insurance. However, you are entitled to collect for your medical bills, wage loss, property damage and out-of-pocket expenses.

If you have been involved in a motorcycle accident and you do not think you have motorcycle insurance coverage, you should contact a California motorcycle accident attorney immediately. Several solutions may be available to you that you will not be able to uncover yourself.

First, the attorney should investigate whether you paid your premium but it was not received by the motorcycle insurance company. Positing your payment in the mail and proof that you did make the payment, may actually reinstate your insurance coverage. Additionally, if you're not informed by your insurance agent that you need motorcycle insurance, and you thought you had coverage through your automobile policy, you may have a claim against the agent.

There also may be other exceptions to the auto insurance pain and suffering limitations statute applicable strictly to motorcycle riders. The law is unclear on whether you even need to have motorcycle insurance, and not just automobile insurance.  If your damages are sufficient enough, it may be worth litigating that question before the Superior Court in California and win the right to obtain pain and suffering damages for you and all motorcycle riders in the state.

Just because you are not entitled to pain and suffering damages does not mean you should not consider hiring a Los Angeles or Orange County motorcycle accident attorney. Many times we can refer you to doctors who will agree to accept a reduced amount of their medical bill so that an attorney fee can be paid from those proceeds. Why would a doctor agree to do this? If the doctors working on a lien basis, they want to be assured that they will be paid as much as possible and promptly. Also a medical doctor understands the motorcycle accident cases require expertise to be completed. The doctor would rather be paid a portion of his bill than none at all. Also by referring to the Dr., the attorney helps the doctors practice, introducing into a patient he may not have been introduced to through normal channels.

If you've been involved in a motorcycle accident and you are concerned that you may not have
insurance call us for help. Call 866-981-5596.

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