Motorcycle Accident

[seven408]

I Was Involed In A Motorcycle Accident July 10th 2005. I Was At A Stop Light When Another Motorcycle Was Going To Fast And Did Not See Me And Hit Me From The Back. Both Of Our Bikes Were Totaled. I Got Hurt. The Guy Who Hit Me Had Full Coverage Insurance And Was At Fault. I Did Not Have Insurance At The Time. I Got My Insurance The Next Day July 11th 2005. I Had Just Got My Bike From The Shop That Friday And I Could'nt Get My Insurance Till Monday. I Took The Bike Out Saturday Night And On My Way Home Around 2:am Sunday The 10th The Accident Happened. His Insurance Is Taking Care Of Everything But Will I Be Able To Get Money For My Pain And Suffering?

[attorney B. Cut]

Document your pain and suffering and go hire an attorney

[divgradcurl]

But Will I Be Able To Get Money For My Pain And Suffering?

No. In 1996 or 1997, California voters passed prop 213, which elimates the ability of an unisured driver to recover more than actual damages, and future medical care and lost earnings -- in other words, no pain and suffering, no mental anguish, etc. You can read here for more information: [url]http://caselaw.lp.findlaw.com/cacodes/civ/3333-3343.7.html[/url]

You still might want to discuss things with an attorney, who can review ALL of the relevant facts and advise you accordingly, but in CA, if you get in an accident without insurance, you almost certainly will only recover you actual damages.

EDIT: For completeness' sake, here's the relevant statute:

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 nonpecuniary damages.