Q If I Don't Carry Motorcycle Insurance Can I Sue the Driver Who Hit Me?
Not having insurance on your motorcycle shouldn't prevent you from filing a claim, although there may be limitations depending on your state.
Generally if the other driver was at fault, you may be able to recover both economic and non-economic damages. The former deals with such things as lost income and future earnings. The latter—non-economic damages—includes the pain you suffered and the disruption the accident caused in your daily life.
However in Kansas a recent “No Pay, No Play” statute, passed in May 2011, changed this rule.
If you're uninsured at the time of a Kansas motorcycle accident, the insurance company is only liable for reimbursing you for economic damages. You're not entitled to non-economic damages. There's an exception if you were uninsured for fewer than 45 days, and prior to becoming uninsured you maintained insurance continually for 1 year. In that case the statute doesn't apply to you, and you may be able to recover both economic and non-economic damages.
In Missouri, the fact that you may be uninsured should have little bearing on your case and shouldn't prevent you from recovering money for expenses after the accident—including medical bills, rehabilitation, and lost wages.
It's extremely important for you to have an attorney in a motorcycle injury case—particularly if you're uninsured, as the other driver’s insurance company will do everything in its considerable powers to protect its own client. You, as an uninsured person, desperately need someone to represent your interests. (To learn more, check out my free book on secrets car insurance companies don't want you to know!)
Our Kansas City motorcycle accident lawyers will spearhead a complete investigation of the crash. We can also help make sure the injuries you suffered are properly documented so you receive the compensation you deserve.
Contact our firm today to discuss your motorcycle accident case with an attorney for free.