These limits were set decades ago and are really insufficient to cover today’s medical costs, lost wages, pain and suffering, property damage, and other expenses caused by the accident. Therefore, we recommend you protect yourself with significantly higher limits, such as $50,000 or $100,000 per person, $100,000 or $300,000 per accident, and at least $50,000 property damage coverage. While these limits will cost you more in the short run, if you have the minimum limits and they are insufficient to pay all of the damages, the injured person may additionally seek to go after your personal assets to cover all of the expenses arising from the accident.

In addition to the traditional liability and property damage insurance, we also recommend that you obtain uninsured/underinsured insurance to protect you from a motorcycle driver who has no insurance, or has only the bare limits and they are inadequate to cover all of the injuries and damages you and your passengers suffer from the motorcyclist’s negligent operation of his or her bike.

If a peace officer stops you for a violation, or you are involved in an accident in which there is personal injury or death or property damage in excess of $750, and you are unable to provide proof of insurance (“financial responsibility”), the officer may issue you a ticket for an infraction, which can result in a fine from $100 to $500, depending on the number of times you have been ticketed for failing to show proof of insurance. If you are unable to prove to the court that you did in fact have insurance, the court may order the motorcycle impounded and your driver’s license suspended completely for up to one year. Upon your showing proof of insurance, the court may issue you a restricted driver’s license, usually permitting you to drive only to and from work for the year. You will need to provide the DMV with proof of insurance to get a restricted license.

Now let’s look on the opposite side: Suppose you are riding a motorcycle without any insurance and are struck by a careless driver. You suffer serious and painful bodily injuries and your motorcycle is a total loss. Even though you were unlicensed, can you make the negligent motorist pay for all of your injuries and damages? In California, an uninsured driver who has been injured by another person’s negligence can recover only “economic” damages, but not “non-economic” damages.  Proposition 213 passed by the California legislature covers this area of the law.

Economic damages are actual, out-of-pocket costs, such as medical expenses, lost wages, and the value of the motorcycle when it was totaled (not what it would cost to replace it with a brand new one). Non-economic damages include pain and suffering, mental anguish, loss of comfort and society, and other intangible damages that you can’t just look up in a directory and determine their cost. Damages for pain and suffering often make up a hefty portion of a personal injury settlement or jury award. But if you had no insurance, you are not entitled to recover damages for pain and suffering and other intangible injuries. Depending upon the severity of the case, this could result in the loss of tens or even hundreds of thousands of dollars that you could have recovered had you been insured.

Although California law requires only that you carry the “15/30/5” policy, we strongly suggest that you get considerably higher limits, at least $50,000 per person, $100,000 per accident, and $50,000 property damage. If you have significant wealth, you should seriously consider getting a policy that provides $100,000 per person, $300,000 per accident, and $50,000 property damage. You should also seriously consider getting an “umbrella” policy that provides up to $1 million or more protection at a cost of only a couple of hundreds of dollars. An umbrella policy typically covers your house, motor vehicles, motorcycles, personal liability, etc. and kicks in after your primary insurance limits are exhausted. Umbrella policies are the best value in insurance products and can save you from financial ruin. You should contact your insurance agent promptly to see about getting an umbrella policy.

If you have been involved in a motorcycle accident, call now or fill out the form on the right hand side of this page and a lawyer will respond.

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