Legal Question in Personal Injury in California

Re: Accident with party that has no license or insurance.

I am in receipt of your message.

There may be an issue as to some comparative negligence on your part. On a two lane road with only one lane in each direction, there is not a lot of room to pass another motorcyclist. It may be that you were going too fast for conditions or following the other motorcyclist too closely. Realizing that he was inexperienced or not in control of his motorcycle, it would have been better to back off and lengthen the distance between the two of you.

In any event, I would need to see the completed CHP report before making any further decisions about your rights in this case. Your claim against the other motorcyclist would have to be based on legal grounds such as negligence and not simply on the fact that he had no license or insurance. These are administrative matters that the other biker will have to deal with.

Hopefully, you had uninsured motorist coverage on your own policy. More than likely, any bodily injury claims that you have would be with your own insurance company. If you are in the southern California area, I would be glad to review the police report for you and consult with you at no charge to see if there is a legitimate claim that can be pursued. Please call my office for a faster response if that is the case.

Yours truly,

SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVENUE, #218, FOUNTAIN VALLEY, CA 92708;

PHONE NUMBER: 714-963-5123 FAX: 714-964-9993

E-MAIL ADDRESS: [email protected]

WEB ADDRESS: WWW.EAGLELAW007.COM

Re: Accident with party that has no license or insurance.

Question is, do YOU have uninsured motorist coverage.

Joel Selik

800-894-2889

www.4thelaw.com

Re: Accident with party that has no license or insurance.

In trying to view the facts you related in the most objective manner possible, I would have to assess the situation as follows: You were following too closely; you attempted an illegal pass; and, arguably, you were traveling too fast for the conditions. I don't see how you can pin any of the accident on the other motorcyclist.

You are right that he should not have been on the road without a license and insurance, but that was not the cause of the accident, and I hope he was cited for those violations by the investigating Trooper. You don't mention whether you received a citation, but any one of the above-mentioned presumed violations in your driving conduct would have been justification for it.

I don't think you have any substantial basis for bringing a claim against the other rider, and had better watch your back for an action by him against you - which would have a much better chance of prevailing than any claim you might make. Riding with an inexperienced rider has its own, inherent risks, and you just discovered that the situation may be such that YOU end up blamed for everything - whether the fault really lies with you or the newbie.

Re: Accident with party that has no license or insurance.

Check with an attorney. You might also wish to see the accident report. Even if the report says you are at fault, you still may have a viable claim considering that you were dazed at the time you gave your statement.