I was hit, but I do not have Insurance

What is the name of your state?California

My motorcycle was parked in the street, when a girl backed into it and knocked it over. ( Neighbor told me, she hit my bike so hard, she heard it from her second floor window. This girl would have taken off, but the neighbor told her to leave a note ) Thankfully my neighbor got the girl to leave her insurance information. After taking the bike to the shop, the estimate comes to 8,000 dollars. My motorcycle is only worth 5,000.
What happens now?
Will the insurance company give me what the bike is worth?
I did not have my own insurance on this bike, can they deny a claim because of that?
I still owe 3,000 on the motorcyle.How does this effect everything.
Should I try to get insurance on the motorcycle now?

MichaelSF said:

What happens now?

Click to expand...

You file a claim against her insurance.

Will the insurance company give me what the bike is worth?

Click to expand...

If the bike is totalled as you claim, they should offer you fair market value for the bike.

I did not have my own insurance on this bike, can they deny a claim because of that?

Click to expand...

If you were not riding the uninsured vehicle at the time, no.

I still owe 3,000 on the motorcyle.How does this effect everything.

Click to expand...

Not at all. Based on your post, if the bike has a FMV of $5k, they will pay off the $3k to the lender/lienholder.... and you get $2k to go out and buy another one.

Should I try to get insurance on the motorcycle now?

Click to expand...

Why?? The bike has been totalled. If you mean that you could somehow commit insurance fraud and claim a loss on an uninsured bike, no.

Q: Will the insurance company give me what the bike is worth?

A: If you mean the girl's insurance, yes. It is worth $5K and that is probably what you will get and you will have to pay the rest of the loan off with your own money.

You could also sue the girl for the balance, but if she don't have the dough, there ain't nowhere to go.