Motorcycle Crash in California: What If the Other Driver Is Uninsured?
I was riding my motorcycle in San Francisco when a van in the lane beside me suddenly swerved into my lane. I braked to avoid being hit and collided with the back of the van. The driver told me he did not have insurance, and the van belonged to the company he worked for. I broke my wrist and my motorcycle was badly damaged. What can I do?
Thank you for your question. I started riding motorcycles as a teenager and, as a lawyer, regularly represent injured motorcyclists. One of the most common scenarios in the motorcycle crash cases I litigate is when a driver, without signaling, cuts off a motorcyclist or turns suddenly from the opposite lane in front of the motorcyclist. In both cases, the resulting collision can be fatal to the motorcyclist. I am relieved your injuries, while serious, were not life-threatening.
Here, the van driver violated California Vehicle Code Section 21658, which states:
“Whenever any roadway has been divided into two or more clearly marked lanes for traffic in one direction,” it is the rule that “(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until such movement can be made with reasonable safety.”
DMV Reporting Requirements
Because you were injured in the collision, you must report it to the DMV within 10 days. California requires an SR-1 report when anyone is injured or killed, or when property damage exceeds $1,000. If you have not already filed the report, visit the DMV website and complete Form SR-1.
You didn’t mention whether you have motorcycle insurance. Assuming you do, you need to ask your agent whether your insurance policy contains uninsured and/or underinsured motorist coverage.
What is uninsured and underinsured motorist coverage? Let’s start with what it isn’t.
When we think of insurance, we think of liability insurance. It protects your assets if you are at fault for a crash and you hurt someone or damage someone else’s property.
Liability insurance does not, however, protect you from damages you suffer in a crash that is someone else’s fault. That’s where uninsured and underinsured motorist coverage applies. Because many drivers in California violate the law and drive without insurance or have a bare-bones policy, California law requires insurance companies to offer consumers this coverage.
Even though the other driver did not have insurance, your insurance policy may be sufficient to cover both the financial loss you suffered, including your wrecked bike and any days missed from work, as well as compensate you for your broken wrist and medical expenses due to the collision.
What Happens If You Don't Have Insurance?
I hope that is not the case. But if it is, the company that owned the van may be legally responsible for your motorcycle crash injuries under the legal doctrine respondeat superior, which is Latin for “let the master answer.”
The doctrine is codified in California Civil Code Section 2338. It holds an employer responsible for the torts, or wrongs, committed by its employees that fall within the “scope and course of their employment.”
You have to show that the employee was negligent, meaning the employee acted in a manner that was unreasonable or illegal, and that the employee was also involved in the employer’s business enterprise at the time of the collision.
Here, the employee’s negligence is clear: He violated the vehicle code.
Was the van driver also involved in the employer’s business?
If he was delivering an item for the company or returning the van to the company parking lot after he completed his work shift, the answer is yes.
Determining if an employer is legally responsible for an employee’s negligence requires a thorough investigation of the facts. I suggest you consider contacting an experienced motorcycle crash attorney to advise you further on your legal rights and remedies.
Motorcycle crashes can involve complicated insurance and liability issues, particularly when the other driver is uninsured or driving a company vehicle. If you were injured in a motorcycle crash, learn more about our motorcycle accident representation and personal injury services. You can also contact Dolan Law Firm to discuss your situation with our experienced attorneys.
