I have been in a motorcycle accident and the at fault party does not have insurance. What are my options?

Unless the at fault party possesses significant personal assets, you unfortunately may not be able to recover any damages from that individual at all.  You simply cannot get blood from a stone.  

This is why possessing your own under-insured/uninsured motorcycle insurance coverage is vital.  

We recommended that you possess at least $100,000 in uninsured/under-insured motorist coverage so you know that if you’re in a motorcycle accident and the at-fault individual has little or no insurance, you at least have $100,000 at your disposal with your own motorcycle insurance carrier.  

You may also strongly consider having an Umbrella Insurance Policy.  These types of larger policies, for not a lot of cost in premium, could provide a significant amount of financial protection.  

Also, it is very important to make sure the uninsured/underinsured coverage you obtain is applicable to your use of a motorcycle.  A number of insurance companies who provide higher limits when an automobile is being used, restrict those limits when you are riding a motorcycle.  Check the policy and make sure your agent understands your needs.        

You may still recover compensation for your motorcycle accident personal injuries if you had uninsured motorist coverage or if you were covered by your own insurance policy or a family member’s insurance policy (that you reside with) had uninsured motorist coverage at the time of the motorcycle accident.

Many insurance policies include language that covers family members or roommates that reside with policy holders.  If in any doubt, ask the insurance company for a copy of the policy and check the language.  Remember, though, that there is only two (2) years on an uninsured motorist claim to demand arbitration in writing via certified mail, or file suit against the uninsured motorist.  If you do not do this, and two (2) years pass, you may be restricted from pursuing a motorcycle accident injury claim.  

The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys expert in motorcycle rules and regulations.

If you have been injured in a motorcycle accident that was not your fault, call us anytime for free, friendly advice. Sacramento 916-921-6400. Elsewhere 800-404-5400.  Or contact us online.

You can also learn more about us on Yelp and Avvo
Client Reviews
  • Me and my wife; had a car accident. We were amazed how easy, professional, friendly attorney Ed Smith is along with his staff. Everybody is amazing. Thank you so much, we are very impressed!
    Sincerely, Alex & Dinah M. ★★★★★
  • Ed Smith and his office team took on a difficult personal injury case on my behalf and for the passenger in my car. Ed is a top- notch attorney. His staff couldn't have been more helpful and kind. No need to look elsewhere. I give Ed Smith my highest recommendation. Beverly ★★★★★
  • Ed and Robert have been taking great care of my husband and I for the past 5+ years. They are always there when you have a problem and a quick resolution! Even when the issues have nothing to do with them. They are willing to help ease the pain off your shoulders. They are as good as it gets! Thank you again for everything. Annie T. ★★★★★
  • Very professional. Great team, staff and service all around. Mr Smith was very honest, straight forward with his advice. He gives the word "attorney" an honest reputation. I will seek his council anytime, and would recommend him at the drop of a dime. Jeremy M. ★★★★★
  • I would highly recommend Ed Smith to any friends or family in need of a personal injury attorney. Ed, and his staff, are very caring on top of being very experienced in this field. The staff always keeps you informed of the status of your case and they are always easy to reach by phone. Shannon D. ★★★★★
  • Edward Smith law offices provide competent, thorough, and personable help for victims of personal injury. When you first meet the staff you know you contacted the right office. This law office treats clients like people. I recommend this office to anyone seeking representation regarding personal injury. David M. ★★★★★