Legal Question in Personal Injury in California

Very unfortunate. Failure to yield by the other guy would not qualify as a criminal act to come under coverage from Victims of Crimes, nor would driving without insurance.

You shoulda bought Uninsured motorist coverage. You can pay an attornrey to get a judgment against the guy, but it would most likely be uncollectible.

Unfortunately you have learned the hardest way of all that riding without uninsured motorist coverage may turn out to be nearly as bad as suicide. In some ways, as you say, you may as well have gone without a helmet and been done with it. Driving without UI is risky. With the astronomically higher risk of serious injury when riding, riding without UI, well, puts people in the situation you are in.

The problem is that people with money buy insurance, so they can keep their money if they negligently harm someone else. People who don't buy insurance are the ones with no money. So it sounds like from a legal standpoint you would have little or no trouble getting a judgment against this guy, but then what? If the guy has no money, you've got a piece of paper and nothing more.

And that is why you can't get a lawyer to represent you. It's not because we have coal for hearts or are greedy. It's that just like anyone else we don't do useless things. Like everyone else, when we go to work we expect to be earning a living. We can't in good conscience take your money on an hourly fee basis to get you a worthless judgment. And we can't work on a contingency basis when there will be no recovery.

Yes, we all someties work for free, or "pro bono," when there is some real benefit that will come from it. I'm doing a little of that right now, I hope, by helping you understand this situation. If we volunteer our time, however, it needs to be for a worthy cause. Not that you're needs are not worthy, but a case that results in an uncollectable judgment is never a worthy cause. Plus, taking an accident case costs money even if we waived our fees. There are court costs, process servers, copying charges and all the rest. So again you'd be paying money for nothing, or we would be out of pocket for nothing on top of working for free for nothing. I don't think either one of us is in a position to work hundreds of hours for free, or throw away a few thousand dollars, for nothing.

I sympathize with you. My brother rides, including commuting every day and I know he could be in your place at any time. But unfortunately all the law can do in this situation is order the guy to pay you money, and if he doesn't have money to pay, the law cannot help.