My motorcycle was wrecked in an accident not my fault. Who pays to get my motorcycle fixed?

This depends on whether there is insurance coverage for the other driver involved, whether you have motorcycle collision coverage on your policy, and whether or not your motorcycle is a total loss...among other factors.     

Simply, we have found that it is often better to negotiate the repairs or total loss of your motorcycle with your own insurance carrier under the motorcycle collision/comprehensive coverage, assuming you have it.   

We have also found that it is often much faster to go forward with your own motorcycle insurance carrier because your insurance company won’t care who’s at fault for the motorcycle collision.  The focus will be on repairing the bike, not first determining who caused the accident.  Furthermore, your insurance company has an obligation to act in good faith under California law.   

You can go through the at fault party’s insurance to get your motorcycle repaired, and this may be your only choice if you do not have your own insurance, but keep in mind the other party’s insurance will likely want to conduct an investigation and take statements from the parties and witnesses involved to determine fault before agreeing to fix your motorcycle.  This process may delay getting your motorcycle fixed for several days, maybe even weeks.

Why should you pay the deductible to have your insurance fix your motorcycle, even if the accident wasn't your fault?  In our opinion it’s a lot less hassle than dealing with the other party’s insurer, and eventually (usually within a few weeks) you’ll get your deductible refunded after your insurance company demands that it be repaid (assuming the other driver is found to be at fault).  And sometimes, insurance companies waive payment of the deductible if they believe they will be repaired by the other party's insurer at a later date. 

Furthermore, your own motorcycle insurance company won’t care who’s at fault for the accident and generally will work to get your motorcycle fixed right away.

The Law Offices of Edward A. Smith are experienced motorcycle accident attorneys expert in motorcyclist 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.  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!" 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.