Warning To California Motorcycle Riders
In my law practice I see motorcycle accident victims who suffer severe fractures and joint injuries requiring surgery and serious head injuries. In California a biker can recover medical expenses, wage loss, property loss, out of packet expenses like transportation to doctors and pain and suffering. Pain and suffering covers actual pain and suffering from the injuries sustained, loss of enjoyment of life, interruption in activities of daily living and activities; disfigurement, grief , anxiety, emotional distress and physical impairment.
Damages for pain and suffering can be substantial. People who have undergone surgery for fractures or joint injuries that result in screws and plates and rods getting implanted frequently have so much pain and discomfort that they cannot sleep. Loss of sleep over even a week results in worse problems and depression. Maybe you can’t play with your children or attend their events. Maybe you can’t pursue pastimes like sports, or travel-or riding your bike with your friends on a beautiful day. Maybe you have gnarly scars from surgery and will end up with a permanent limp.
In California, if you don’t have your own liability insurance, you cannot get damages for pain and suffering even if the accident is not your fault. (Unless you were hit by a drunk driver) Civil Code 3333.4 (also known as proposition 213)
The statute states: 3333.4.
(a) Except as provided in subdivision (c), in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies:
(1) The injured person was at the time of the accident operating the vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense.
(2) The injured person was the owner of a vehicle involved in the accident and the vehicle was not insured as required by the financial responsibility laws of this state.
(3) The injured person was the operator of a vehicle involved in the accident and the operator can not establish his or her financial responsibility as required by the financial responsibility laws of this state.
(b) Except as provided in subdivision (c), an insurer shall not be liable, directly or indirectly, under a policy of liability or uninsured motorist insurance to indemnify for non-economic losses of a person injured as described in subdivision (a).
(c) In the event a person described in paragraph (2) of subdivision (a) was injured by a motorist who at the time of the accident was operating his or her vehicle in violation of Section 23152 or 23153 of the Vehicle Code, and was convicted of that offense, the injured person shall not be barred from recovering non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary damages.
I have seen heartbreaking cases where bikers have had medical bills in the tens of thousands and huge wage losses but no chance of getting damages for pain and suffering. That is really tough where the biker has permanent injuries that will bother him or her for the rest of his or her life.
The solution is simple: get insurance even if it is the minimum amount. That will protect you and you can get all the damages to which you are entitled. I’ve settled cases for hundreds of thousands that would have settled for under a hundred thousand if the biker did not have insurance. I am going to post in a few weeks information on biker friendly insurance brokers here in San Francisco and other parts of the state for you to contact. Let me know if you need more information.