Motorcycle Accident Claims in California: What Not to Do and What You Can Recover
Home / Motorcycle Accident Claims in California: What Not to Do and What You Can Recover
This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
Motorcycle Accident Claims in California: What Not to Do and What You Can Recover
A motorcycle accident claim in California is a demand for payment from the driver who caused the crash, usually paid by that driver's insurer, and it becomes a motorcycle accident lawsuit only when the insurer refuses a fair settlement. Riders can recover medical costs, lost income, the value of the bike and gear, and pain and suffering, but the biggest mistakes happen early: leaving the scene too soon, skipping a doctor, talking to the other insurer, or letting the motorcycle be scrapped before anyone inspects it.
The stakes are higher than in a car crash. Per mile traveled, motorcyclists were almost 27 times more likely than passenger car occupants to die in a crash in 2024, the National Highway Traffic Safety Administration reports, and 583 motorcyclists were killed in California in 2023. This guide covers what not to do, how claims and lawsuits work, what riders can recover, and how lane splitting, helmets, and insurance status affect a case. It is general information, not legal advice for your situation.
What should you not do after a motorcycle accident?
Do not leave before police arrive, refuse medical care, admit fault, let the at-fault driver's insurer record your account, or let your motorcycle and gear be repaired or thrown away. Each of these can weaken a strong claim, and some cannot be undone.
Do not drive or ride away. Drivers involved in an injury crash must stop, help, and exchange information under Vehicle Code section 20001. Leaving also loses the chance to have police document the other driver's version before it changes.
Do not pull off your helmet if your neck or back hurts. Unless you cannot breathe, let paramedics remove it. Keep the helmet afterward, because its damage helps show the force of the impact.
Do not say "I'm fine" or "I didn't see them." Adrenaline hides pain, and offhand words at the scene end up in reports and adjuster notes.
Do not skip the doctor. Head, spine, and internal injuries can take hours or days to show. Waiting days to see a doctor hands the insurer an easy argument that you were not badly hurt.
Do not agree to be recorded by the other side's adjuster. You can report the basic facts, but you have no duty to be recorded, and adjusters are trained to ask about lane position, speed, and visibility in ways that shift blame to riders.
Do not let the bike be repaired, sold, or scrapped yet. The motorcycle, your helmet, and your riding gear are evidence. Photograph everything, and make sure your lawyer has a chance to inspect the bike before the insurer sends it to salvage.
Do not post about the crash or your recovery. Insurers review social media, and a photo from a family event can be used to argue your injuries are minor.
Do not sign a release or cash an early check. Once signed, a release closes the case permanently, even if surgery is needed later.
Most motorcycle accident claims are insurance claims against the liability coverage of the driver who caused the crash, and they settle without a trial. A lawsuit is filed when the insurer denies fault or offers too little, and California's general deadline to sue is two years from the crash (Code of Civil Procedure section 335.1).
Investigation. Police or CHP reports, scene photos, video, witness statements, and an inspection of the bike establish how the crash happened.
Treatment and documentation. The claim cannot be valued fairly until doctors know how serious the injuries are and what future care is needed.
Demand. A written demand to the insurer lays out fault, medical bills, lost income, and the effect of the injuries on daily life.
Negotiation. The adjuster responds with an offer, and most claims are resolved in this stage.
Lawsuit. If talks fail, your lawyer files a complaint in superior court, normally in the county where the crash occurred or where the defendant lives, which keeps the claim alive past the two-year deadline.
Discovery and mediation. Both sides exchange records, take depositions, and usually try a mediated settlement.
Trial. A small share of motorcycle crash lawsuits go to a jury, which decides fault and damages.
Fault is decided under ordinary negligence rules: every driver must use reasonable care, and Civil Code section 1714 makes a careless driver responsible for the harm they cause. Common causes of motorcycle crashes include drivers turning left across a rider's path, changing lanes without checking mirrors, opening doors into traffic, and following too closely.
What must be filed
When
Source
Rider's injury suit
Within two years of the collision
Code of Civil Procedure section 335.1
Bike and gear claim with no injury
Within three years of the collision
Code of Civil Procedure section 338
Government claim (city, county, Caltrans)
Within six months of the collision
Government Code section 911.2
SR-1 report to the DMV
Within 10 days
Vehicle Code section 16000
What compensation can riders get?
Injured riders can be paid for money losses, meaning treatment, missed pay, and the motorcycle and gear, and for human losses such as pain, fear, and the things they can no longer do. There is no California cap on pain and suffering awards in motorcycle crash cases, but an uninsured rider can lose that part of the claim, as explained below.
Type of loss
What it can include
Medical care
Ambulance, ER, surgery, hospital stays, physical therapy, prosthetics, and future treatment
Income
Missed work and lower future earning ability if you cannot return to your job
Motorcycle
Repair cost, or actual cash value if it is totaled, plus aftermarket parts you can document
Riding gear
Helmet, jacket, gloves, boots, and any communication or camera equipment damaged in the crash
Pain and suffering
Physical pain, anxiety, scarring, and losing the ability to ride or do activities you enjoyed
Wrongful death
Support, services, and companionship lost by a rider's family (Code of Civil Procedure section 377.60)
Punitive damages
Rare; requires malice, oppression, or fraud, such as some drunk driving crashes (Civil Code section 3294)
Past medical bills are usually measured by what was really paid or remains owed, a rule from the 2011 Howell v. Hamilton Meats & Provisions, Inc. decision. Our damages guide shows how each type of loss is proven.
Common motorcycle injuries
Injuries from motorcycle accidents tend to be more severe because riders have no surrounding frame. The most common include:
Head and brain injuries, including concussions and traumatic brain injury, even when a helmet is worn.
Spinal injuries, ranging from a herniated disc to a damaged spinal cord and paralysis.
Fractures of the legs, pelvis, arms, wrists, and collarbone.
Road rash, which can become deep abrasions needing skin grafts and leaving permanent scars.
Lower-leg crush injuries, when the bike falls on the rider or a vehicle strikes from the side.
These injuries often need months of treatment, which is why a claim should not be settled until the long-term picture is clear.
What if I was lane splitting or uninsured?
Lane splitting does not bar a claim in California, because it is not illegal, but an insurer may argue it made you partly at fault. Riding without insurance is different: under Civil Code section 3333.4, a rider with no insurance usually loses the right to pain and suffering damages but can still be paid for treatment bills, missed pay, and property damage.
Lane splitting
Lane splitting is defined in Vehicle Code section 21658.1 as riding a two-wheeled motorcycle between lanes of traffic, moving or stopped, that travel in the same direction, and the statute lets the CHP publish safety guidance, but it does not prohibit the practice. The question in a claim is whether the rider was splitting lanes safely for the conditions. Splitting at a moderate speed in slow traffic is treated very differently from weaving at high speed.
Even if a jury finds a rider partly responsible, the rider still recovers. Under the pure comparative fault rule the California Supreme Court adopted in 1975 in Li v. Yellow Cab Co., a rider found 25 percent at fault keeps 75 percent of their damages. Our articles on California lane splitting law and pure comparative fault in California go into more detail.
Helmets
Vehicle Code section 27803 requires every motorcycle rider and passenger in California to wear a safety helmet that meets federal standards. Not wearing one does not cancel a claim, but the defense may argue a helmet would have prevented or reduced a head injury, which can lower the damages for that injury. It usually has no effect on injuries to other parts of the body.
Riding without insurance
California's Proposition 213 rule, now Civil Code section 3333.4, bars an injured person from recovering non-economic damages if they were driving an uninsured vehicle, owned an uninsured vehicle involved in the crash, or were convicted of driving under the influence for that crash. There is one important exception: if the driver who hit you was drunk or impaired and is convicted of DUI for that crash, you can still recover pain and suffering even if you were uninsured.
When the other driver is uninsured
If the driver who caused the crash had no insurance, too little, or fled, your own motorcycle policy's UM and UIM coverage may pay. California requires insurers to include that coverage unless it was rejected in writing (Insurance Code section 11580.2). Our article on California hit-and-run law covers the steps when the other driver leaves.
Where do totaled motorcycles go?
When an insurer declares a motorcycle a total loss, it pays the bike's actual cash value, takes the title, and usually sells the motorcycle through a salvage auction to dismantlers, rebuilders, or parts buyers. You can choose to keep it instead, but the insurer will subtract its salvage value and the bike will need a salvage certificate before it can be registered again.
How a bike is totaled. The insurer compares repair costs plus salvage value with the bike's pre-crash value. Motorcycles are totaled often because frames, forks, and electronics are expensive to replace.
How value is set. California's fair claims rules require insurers to base a total loss payment on comparable vehicles and to explain how they reached the number (California Code of Regulations, title 10, section 2695.8). Bring receipts for aftermarket parts, upgrades, and recent service.
What the insurer does next. Within 10 days of settling, the insurer must send the title and plates to the DMV, which issues a salvage certificate (Vehicle Code section 11515).
If you keep the bike. You must send the DMV the title, plates, and fee within 10 days of the settlement, and the motorcycle carries a salvage history from then on.
Before it goes anywhere. If fault is disputed, ask your lawyer to inspect or photograph the bike first. Crush damage, paint transfer, and the position of the bike's controls can prove how the crash happened, and that evidence is lost once the bike is sold at auction.
Should you hire a lawyer for a motorcycle accident claim?
A minor claim for bike damage alone can often be handled without a lawyer. Help from an attorney matters most when you were injured, when the insurer blames you for lane position or speed, when the at-fault driver carries only minimum coverage, or when the claim is close to a deadline. Riders also face a real bias problem: some adjusters and jurors assume motorcyclists are reckless, and a lawyer's job is to replace that assumption with evidence.
What should you not do after a motorcycle accident?
Do not leave the scene, refuse medical care, admit fault, let the at-fault driver's insurer record you, post about the crash, sign a release, or let the motorcycle and gear be repaired or scrapped before they are documented. If your neck or back hurts, let paramedics remove your helmet.
How do motorcycle accident claims work?
Most are insurance claims against the liability coverage of the driver who caused the crash: the crash is investigated, injuries are treated and documented, a demand is sent, and the insurer negotiates. If talks stall, a lawsuit follows, usually within the two-year limit in Code of Civil Procedure section 335.1.
What compensation can riders get?
Riders can recover medical expenses, lost income, the repair cost or value of the motorcycle, damaged riding gear, and pain and suffering. Families can bring wrongful death claims, and punitive damages are possible in rare cases such as some drunk driving crashes.
What if I was lane splitting or uninsured?
Lane splitting is not illegal in California, so it does not bar a claim, though an insurer may argue it made you partly at fault, which lowers rather than wipes out what you recover. An uninsured rider usually cannot collect pain and suffering under Civil Code section 3333.4, but medical costs, lost pay, and property damage remain recoverable. That bar is lifted when the driver who caused the crash is convicted of DUI for it.
Where do totaled motorcycles go?
After paying the actual cash value, the insurer takes the title and usually sells the motorcycle through a salvage auction to dismantlers or rebuilders. You can keep the bike if you accept a deduction for its salvage value, but it will need a salvage certificate from the DMV.
Will riding without a helmet hurt my claim?
It does not cancel the claim, but the defense may argue a helmet would have prevented or lessened a head injury, which can reduce damages for that injury. California's helmet law is Vehicle Code section 27803.
Talk to a California motorcycle accident lawyer
When an insurer blames the rider, drags its feet, or makes a lowball offer, Cefali & Cefali can step in. A case review costs nothing, and our fee comes only from money we recover. Reach us at (949) 325-7790, or send us the details on our contact page.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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