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Driving an Uninsured Moped

crashed motorbike
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Question:

I have no insurance on my moped. I was riding the moped in Carson when I got hit by a driver who ran a red light. Can I make a claim?

Answer:

If the other driver was at fault for the accident, you are not precluded from making a claim just because you had no insurance on your moped. Having no insurance on your moped does not make you at fault for the accident. The at-fault driver still has to pay for the damage to your moped and pay for any medical bills and lost wages you incur.

Here are the ramifications of driving an uninsured moped:

  • You are barred from being able to make a claim for pain and suffering.
  • If the DMV learns you were uninsured, they will fine you and suspend your driver’s license until you show that you have purchased insurance and you pay the fine. They may learn this if the other driver or the other driver’s insurance carrier files an SR1 form with the DMV. What is an SR1 form? It is a form which the DMV requires that the parties to an accident file if anyone involved in the accident is injured or there is more than $750 in damage to any vehicle. Once the DMV receives this form, it triggers the DMV sending a letter to you asking for verification that you had auto insurance. If you don’t respond, your license gets suspended and you are fined.

Because you cannot make a claim for pain and suffering, a personal injury lawyer probably will not take your case. Pain and suffering is where the money is for the lawyer. Without pain and suffering, your case probably will not have enough value for an accident attorney to take it. The exception is: if you suffered catastrophic injuries, a personal injury attorney may take your case, because your past and future medical bills will give the case enough value for a lawyer to want to take it on.

Even if we can’t take your case because you had no insurance on your moped at the time of the collision, you are welcome to call our Long Beach personal injury law firm for advice. Our accident lawyers provide free consultations, even if we don’t take your case.