I had a new client come in yesterday morning who was severely injured in a motorcycle accident. He very rarely rode the motorcycle and did not maintain insurance on the bike or have a current registration. He was concerned that because his bike was unregistered and uninsured that he would be found at fault for the accident.
I thought that this is a question or concern that other people might have and decided to write this post. The short answer is that the insurance and registration status of a vehicle has nothing to do with a liability determination. Liability is a complex determination made by asking whose negligence ultimately caused this accident. In other words, which driver failed to act with due care and caused the accident. This determination does not consider the insurance or registration of a vehicle or motorcycle.
My client was 100% not at fault for this accident. That said, I certainly do not recommend operating a car or motorcycle without proper insurance and registration. For one, you will be subject to fines from the police. Even though you are not at fault for the accident, it is against the law to operate an uninsured and unregistered vehicle, and you will have to pay the consequences.
Also, if my client maintained an adequate insurance policy he might have had underinsured motorist available to him. Underinsured motorist is much like uninsured motorist. In the case of underinsured motorist, if the at fault driver does not have enough insurance coverage to compensate for the serious injury, you can then turn to your own insurance policy to cover the gap. That is why it is imperative not to cut corners with your insurance policy because you never know when you will need it.
The Law office of Joseph Lamy is highly experienced at handling auto and motorcycle accidents. If you have been injured in an accident that was not your fault, contact our office right away for a free consultation.