Motorcycle accident and insurance.?

Little backstory to the question.

I bought a motorcycle from a motorcycle dealership, at the time having no insurance and no M1 (only a safety class and an appointment to get the license that upcoming Friday). 

The sales man told me I could ride it home without either for 1 because I would be covered through the dealership for 45 days and to just not ride it any further until I get my license. 

I got my license a few days after, and on day 32 of owning it a car turned out in front of me and the bike was totalled & I got thrown with a few broken bones. Other driver was found at fault, but now my attorney is saying because I didn't have insurance that I could only collect x amount. But the dealership lied just to make a sale and said that I would have insurance through them. I had quotes but never bought insurance because I was waiting until it was closer to the 45 day mark to get the most bang for my buck.

Multiple things came up. Apparently the bike was never taken out of the old owners name when it was sold to me through the dealership so I couldn't get it out of the junkyard. And the place I bought the motorcycle from has been being super shady about giving information and deny ever saying I would be covered through them for 45 days.

I did hire an attorney, but this seems like such a complicated he said she said situation. They say I can't collect for pain and suffering because of the "no pay no play" law here in California. But shouldn't the dealership be held accountable?

10 Answers

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  • Anonymous
    1 year ago

    Sue the dealership.

  • Edna
    Lv 7
    1 year ago

    No - the dealership isn't accountable. You don't have to have insurance in order to BUY a motorcycle (or any other vehicle) from a dealership; but you have to have insurance if you want to RIDE the motorcycle.

    If the dealer told you that you were covered for 45 days under the dealership's insurance (which I doubt he did), you misunderstood his meaning. A dealership carries limited insurance coverage on the vehicles on his lot, in order to protect his interest while the motorcycle is setting on his lot or while someone is test-riding it. That insurance protects only the dealership; it doesn't protect YOU. After you buy the vehicle and drive it off the lot, insurance, license, and registration are up to you. ,

    The motorcycle was never "taken out of the dealer's name" because you never registered the motorcycle in your name.

  • Anonymous
    1 year ago

    The law, at least in US, is that a bona fide dealer has a business license he can easily lose if he lies or misrepresents the law and liability coverage. I'd get on Angie's List and BBB and report him. BL are $$. Once yanked, It takes years to get it back., Also diss him on Craig's List.

    No, he can't usually be held liable for lying about a vehicle's condition, unless in writing or in UK,where full disclosure is law. Many here are confusing this with the actual law of legally signing over a vehicle. If dealer didn't have title, he could not release it to you. Selling it, otherwise, constitutes fraud and possibly GTA.

  • May
    Lv 6
    1 year ago

    The dealer has no liability.

    You ran out and hired a lawyer. Why aren't you asking HIM this question?

    Jeez :>(

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  • Bort
    Lv 6
    1 year ago

    The dealer should be by common law, but unless you have it in writting from the dealer about the 45 day coverage they can't literally be held accountable by written law.

    What I would do: Send a friend with money to go buy another one and try to get a recording of them saying that if it's legal to do so. The sad part is that it probably isn't legal or admissable in court to do that. It's probably entrapment or something, and there's the wire tap laws. The idea might be the only thing that can do it for you. It's not going to hurt anything to ask.

  • ?
    Lv 7
    1 year ago

    If you were stupid enough to believe what the salesman told you, you deserve what you get. When dealing with salesmen, if it ain't IN WRITING, it never happened! YOU are responsible for buying your own insurance, and failing to do so is YOUR FAULT!

  • Scott
    Lv 7
    1 year ago

    No, I'm not dumb enough to ride a motorcycle off the dealer's lot without insuring it first. It was on you to know what was required. Common sense would tell you that the dealer's insurance isn't going to cover the bike after they sell it.

  • Anonymous
    1 year ago

    Ask your lawyer that's what you are paying him for..

    You had it for 32 days ! Yet you didn't register it or insure in your own name.

    Essentially you are screwed.😉

  • Ron
    Lv 7
    1 year ago

    Being the purchaser it was your complete responsibility to know exactly what you need to do things legally. You bought it from some curbstoner because you thought it would save you some cash. Too bad,

  • 1 year ago

    Since you retained an attorney direct any questions you have to the attorney, not here.

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