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    Short answer: if a driver caused a motorcycle crash that injured you in Los Angeles or anywhere in California, you can recover your medical bills, lost income, motorcycle damage and pain and suffering from that driver’s insurer, and from your own uninsured or underinsured motorist coverage if the driver has too little insurance. California lets you recover even if you were partly at fault, and lane splitting is legal here, so the insurer’s usual argument that a rider “came out of nowhere” is not the end of the case. The lawsuit deadline is generally two years, but only six months if a government road defect contributed. Abdi & Associates, Inc. helps riders and their families evaluate these claims throughout California. The consultation is free.

    Motorcycle crashes in Los Angeles

    Los Angeles is one of the busiest riding regions in the country, and its crash pattern is distinct. Most serious motorcycle collisions here involve a car or truck turning left across a rider’s path, changing lanes into a rider, or rear-ending a rider in stop-and-go traffic on the 405, the 101, the 10 and Pacific Coast Highway. California records one of the highest motorcyclist death counts in the nation every year, and riders are far more likely than car occupants to be killed or seriously hurt in a crash of the same speed, because there is no cabin, no airbag and no seat belt between the rider and the road.

    Because the injuries are severe and the rider is easy to blame, motorcycle claims are handled differently by insurers than ordinary car claims. Adjusters routinely argue speed, visibility or lane position before the facts are known. The claim is won with evidence gathered early and a clear understanding of California’s rules on fault, helmets and lane splitting.

    Fault, comparative negligence and the “I never saw him” defense

    A driver who fails to see a motorcycle is not excused. California law requires every driver to keep a proper lookout and to yield before turning left or changing lanes, and a motorcycle that is lawfully in its lane has the same right to the road as any other vehicle. The most common at-fault driver behaviors in Los Angeles motorcycle cases are:

    • left turns across an oncoming rider at intersections and driveways;
    • lane changes and merges without checking mirrors and blind spots;
    • following too closely and rear-end collisions in congested traffic;
    • opening a car door into a rider’s path;
    • distracted driving, impaired driving and speeding.

    California follows pure comparative negligence (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804). If a jury finds you 20 percent responsible, your recovery is reduced by 20 percent, not eliminated. Insurers know this, so they push for a high percentage of fault on the rider. Physical evidence, the crash reconstruction and witness statements are what keep that percentage where it belongs.

    Lane splitting is legal in California

    California is the only state that expressly recognizes lane splitting. Vehicle Code section 21658.1 defines it as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and authorizes the California Highway Patrol to publish safety guidelines, which it has done. Lane splitting is therefore not negligence in itself. A driver who moves into the space between lanes without looking, or who deliberately blocks a lane-splitting rider, can be liable. An insurer may still argue that a particular rider was splitting at an unsafe speed differential, and that argument is evaluated like any other comparative fault claim, on the specific facts.

    Helmets and what they mean for your claim

    Vehicle Code section 27803 requires every motorcycle operator and passenger in California to wear a safety helmet that meets federal standard FMVSS 218 (the “DOT” standard). Manufacturers certify their own helmets to that standard; the DOT sticker is the manufacturer’s certification, not a government approval, and novelty helmets with counterfeit stickers are common. If you were not wearing a compliant helmet, the other side will argue that your head injury would have been less severe, and that argument can reduce recovery for the head injury under comparative fault. It does not affect recovery for injuries a helmet would not have prevented, such as a broken leg or road rash, and it never excuses the driver who caused the crash.

    Insurance issues that decide motorcycle cases

    The at-fault driver’s liability coverage

    California’s minimum liability limits are $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage for policies issued or renewed on or after January 1, 2025 (Insurance Code section 11580.1b). A single motorcycle injury routinely exceeds those limits, which is why the next two coverages matter so much.

    Your uninsured and underinsured motorist coverage

    Uninsured and underinsured motorist coverage on your own motorcycle or auto policy (Insurance Code section 11580.2) pays when the at-fault driver has no insurance, too little insurance, or flees the scene. For a hit-and-run there must be physical contact with the other vehicle, the crash must be reported to police within 24 hours and to your insurer within 30 days, and a UM claim must be filed or arbitration demanded within two years. Underinsured coverage pays the difference between the other driver’s limits and your own UIM limits after the liability limits are paid. Many riders carry only minimum coverage on the bike; check the auto policy on your car as well, because UM/UIM sometimes follows the person rather than the vehicle.

    Proposition 213 and riders without insurance

    Under Civil Code section 3333.4, a rider who did not carry the liability insurance required by law at the time of the crash generally cannot recover non-economic damages such as pain and suffering, even when the other driver was entirely at fault. Medical bills, lost income and property damage remain recoverable. The main exception is a crash caused by a driver later convicted of driving under the influence.

    Medical payments coverage and liens

    If your policy has medical payments coverage, it pays early bills regardless of fault. Health insurers, Medi-Cal and Medicare will assert reimbursement rights against the settlement, and negotiating those liens is often the difference between a fair net recovery and a disappointing one.

    Evidence that decides Los Angeles motorcycle cases

    • the CHP or LAPD collision report and any citations issued;
    • photographs of the scene, skid and scrape marks, vehicle positions and damage before the vehicles are moved or repaired;
    • video from traffic cameras, businesses, homes, dash cameras and helmet cameras, which is often overwritten within days;
    • witness names and statements taken while memories are fresh;
    • the other vehicle’s event data recorder, which records speed and braking in the seconds before impact;
    • the motorcycle itself, preserved unrepaired until it has been inspected and photographed;
    • your helmet and riding gear, which show impact points;
    • medical records that document every complaint from the first visit forward.

    What compensation can include

    Economic damages cover emergency and hospital care, surgery, rehabilitation, future medical needs, lost wages, reduced earning capacity, and the motorcycle and gear. Non-economic damages cover physical pain, emotional distress, disfigurement, loss of enjoyment of life and, for a spouse or registered domestic partner, loss of consortium. There is no fixed formula and no reliable multiplier; the value of the non-economic claim depends on how the injury changed the rider’s life and how a Los Angeles jury would view it. Punitive damages (Civil Code section 3294) are available in a narrow set of cases, most often when the driver was drunk. Fatal crashes are handled as wrongful death claims, and catastrophic injuries such as traumatic brain injury, spinal cord injury and amputation have their own valuation issues. See our page on permanent, life altering injuries for how those cases are built and valued.

    Deadlines

    • Two years from the crash to file a personal injury lawsuit (Code of Civil Procedure section 335.1).
    • Three years for property damage to the motorcycle and gear (Code of Civil Procedure section 338).
    • Six months to present a written government claim if a city, county, Caltrans or another public entity is responsible, for example for a pothole, loose gravel left by a road crew, a missing guardrail or a malfunctioning signal (Government Code section 911.2). The lawsuit deadline after the claim is denied is six months from the notice of rejection.
    • Two years to file or arbitrate an uninsured motorist claim, with the shorter police and insurer reporting deadlines described above for hit-and-run crashes.
    • Ten days to file an SR-1 report with the DMV when anyone was injured or killed or property damage exceeds $1,000 (Vehicle Code section 16000).

    What to do after a motorcycle accident in Los Angeles

    1. Get medical care the same day, even if you feel able to ride home. Adrenaline masks fractures and head injuries, and the gap between the crash and the first medical visit is the first thing an adjuster looks for.
    2. Call 911 and make sure a collision report is written. Ask for the report number.
    3. Photograph everything you can before the scene changes: vehicles, road surface, signage, your bike, your gear and your injuries.
    4. Get the other driver’s license, registration and insurance information and the names and numbers of witnesses.
    5. Do not discuss fault at the scene and do not give a recorded statement to the other driver’s insurer. Your own policy may require you to cooperate with your own insurer; report the crash to your carrier promptly and keep the report factual.
    6. Keep the motorcycle, helmet and gear unrepaired and do not sign a property damage release until the injury claim is evaluated.
    7. Stay off social media. Posts and photos are routinely used to argue that a rider is less injured than claimed.
    8. File the SR-1 within ten days and calendar the two-year and six-month deadlines.
    9. Talk to a lawyer before accepting any offer. Early offers are made before the full extent of the injury is known.

    If you were riding for work

    Couriers, delivery riders and employees running errands on a motorcycle are covered by workers’ compensation for a crash on the job, regardless of fault, and can still pursue the at-fault driver in a separate injury claim. Abdi & Associates handles the workers’ compensation claim in-house and coordinates it with the injury claim so that the comp carrier’s lien does not swallow the recovery.

    How Abdi & Associates can help

    Abdi & Associates, Inc. helps individuals injured in motorcycle crashes throughout California evaluate the claim, identify every available insurance policy, and handle the insurers so that the rider can focus on recovery. We work remotely, so consultations, document signing and case updates are handled by phone, video and secure electronic signature from anywhere in the state, including from a hospital bed. Consultations are free and confidential, and there is no attorney fee unless there is a recovery.

    Frequently asked questions

    Is lane splitting legal in California?

    Yes. Vehicle Code section 21658.1 recognizes lane splitting and the CHP publishes safety guidelines for it. A rider who was lane splitting can still recover; the question is whether the driver or the rider, or both, acted unreasonably under the circumstances.

    I was not wearing a helmet. Can I still recover?

    Yes. Not wearing a helmet violates Vehicle Code section 27803 and can reduce recovery for head injuries under comparative fault, but it does not bar the claim and does not affect injuries a helmet would not have prevented.

    The driver who hit me has only $30,000 in coverage. What then?

    Look to your own underinsured motorist coverage, any other household policy that may apply, and any additional defendants, such as an employer if the driver was working, or a public entity if a road defect contributed. If the driver who hit you was on an Uber or Lyft trip, the rideshare company’s policy may apply as well; see our page on Uber and Lyft crashes.

    How long does a motorcycle accident case take?

    Straightforward claims with clear liability and completed treatment often resolve within several months to a year. Cases with disputed fault, serious injuries or litigation take longer, in part because a settlement should not be finalized until the long-term medical picture is known.

    What is my motorcycle accident claim worth?

    It depends on the severity and permanence of the injury, the medical costs, lost earnings, the available insurance, and the percentage of fault assigned to each side. No one can responsibly quote a figure before the medical records and the insurance picture are reviewed. See our guide to how injury settlements are valued in California.

    Do you handle motorcycle accident cases outside Los Angeles?

    Yes. We help riders throughout California, including Riverside and Orange County.

    Related pages

    Sources: Cal. Veh. Code §§ 16000, 21658.1, 27803; 49 C.F.R. § 571.218 (FMVSS 218); Cal. Ins. Code §§ 11580.1b, 11580.2; Cal. Civ. Code §§ 3294, 3333.4; Cal. Code Civ. Proc. §§ 335.1, 338; Cal. Gov. Code §§ 911.2, 945.6; Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; California Highway Patrol, Lane Splitting Safety Tips.

    Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Last reviewed: September 4, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm the deadlines that apply to your case with a lawyer.