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My husband was splitting lanes, which is legal here in California, at about 25 miles an hour - if that. Well, the obvious happened and some guy in a cage decided that the four feet hole next to my husband was a perfect spot to park his car in traffic. Needless to say, my husband broadsided the guy landing practically on top of his hood, gained control of his bike and drove about a 1/4 mile up the road where another biker made him pull over. My husband was in slight shock and the other biker stayed with him to make sure he was alright.

Well, then this guy that hit him comes flying up the side of traffic, stops and tells my husband that he performed a hit and run on his car. My husband started laughing and stated lets just exchange information and move on. To top this whole situation off, the driver that hit him was uninsured and I am wondering what do we do now? We have full coverage insurance, however no uninsured motorist coverage - Damn. I told my husband that we should take him court and ask the judge to make him go through the Motorcycle Safety Course and pass the test as his punnishment - but that would be in a perfect world which we are not.

Thanks, in advance, for your input.
 

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My understanding is not that lane splitting is legal, rather its not illegal. I,ve been told by council that the difference is that you accept full responsibilty when you do it. If this is true (i'm not a lawyer myself) I suspect you may not like the results. Further, I'm pretty sure California law states you Must stop when there is an accident with either injury or $500 in damage (not sure of the exact $ amount, sure about the concept though). If your husband did not stop, the cage driver may have a legitimate issue.

Not trying to bum you out, just my opinion based on many traffic schools, citations and lawyer friends (all in our beloved California). I also represent (tax) several of the larger auto insurance companies so I get "their" unofficial view as well. Hopefully, the cager won't suddenly find he has soft tissue damage and/or extensive hidden damage to his car.

Good luck, greg
 

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GoneRiding said:
Well, then this guy that hit him comes flying up the side of traffic, stops and tells my husband that he performed a hit and run on his car. My husband started laughing and stated lets just exchange information and move on. To top this whole situation off, the driver that hit him was uninsured and I am wondering what do we do now?
I started with a long post, but really - just consult an attorney. I don't know a thing about California laws and they do things no other states do on top of that. I know that when I've rented bikes there, the insurance and waivers are totally different than anywhere else. Give your lawyer a few bucks and get some peace of mind. I think if you just focus on minimizing the whole case you'll make out better.

Hope your husband didn't suffer any injury to himself or the bike - and that the offending car now has a nice big gouge in it's side from one end to the other :D
 
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