Car/Motorcycle accident not my fault. Neither insurance company wants to pay.

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Car/Motorcycle accident not my fault. Neither insurance company wants to pay.

Motorcycle driver hit me. It was a new motorcycle purchased 24 hours earlier from a dealer. Motorcycle was owned by the daughter of the driver. Their insurance company is claiming uninsured motorist. I don’t have uninsured motorist coverage. 1. Can he really be uninsured? 2. Should my insurance company be working on my behalf or can they really just tell me “You don’t have uninsured motorist, sorry”?

Asked on May 10, 2009 under Accident Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your insurance company is required by law to include uninsured motorist coverage as part of every automobile policy written, unless you specifically decline it.  Hopefully you did not so decline.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Nope, your insurance just committed bad faith and so did the other company.  Clearly, this was not your fault.  So, this is what you do: you file a complaint with the California Dept of Insurance regarding both companies and you file suit.  You need a personal injury attorney to file suit against the following (though your lawyer may decide to limit number of respondents/defendants):

1. Driver of the motorcycle (i.e., daughter even if a minor)

2. Owner of motorcycle

3. Owner's insurance company

4. Your own insurance company.

Your insurance company cannot drop you or raise your rates by California law.  So find a lawyer at www.attorneypages.com and then check his or her disciplinary history under attorney search at www.calbar.ca.gov.


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