Legal Question in Personal Injury in California
Motorcycle Passenger Liability
My boyfriend and I jointly own a HD Cycle (bank holds title I am the loan guarantor and we both show as registered owners) We have all the required insurance however sometimes if I am not riding on the bike with him people will ask him if he will carry a passenger. I am concerned that since I am a sole home owner and my name is also on the bike the in the awful event of an accident that I could also be personally sued separately if our insurance did not cover all the passengers medical injuries etc. My name is not on the insurance policy since I only ride as a passenger and do not have a motorcycle license.
2 Answers from Attorneys
Re: Motorcycle Passenger Liability
The quick answer is yes. Even if your insurance is sufficient to cover the loss, unless they step up to the plate and pay potential claims, you and your boyfriend would potentially be named in a lawsuit. If that ever happens, you must immediately contact the insurance carrier and ask them to defend the action. The insurer is then under a duty to defend the action.
Re: Motorcycle Passenger Liability
First, you can be sued if there is an injury not just to a psg but to anyone else. Second, the "required" ins may not be enough. The required stuff is just liability coverage. That covers other people if the driver is at fault. You must have "passenger liability coverage" and all liability coverage has to be at least $100,000 per person. Next, if someone else is at fault and they don't have enough coverage, you need Uninsured motorist coverage of at least $100,000 per person. That would cover both driver and passenger. If the ins is not in your name, you must get to the person who has the ins, check the policy yourself for the coverages and then insist on getting the coverages raised if they are not what I've suggested.