In Pennsylvania, all motorcyclists are required to carry a Class M (motorcycle) license. Failure to do so is against the law. However, even if you don’t have a Class M license, if you’re in an accident, you may still be able to recover damages.
You’re Automatically Considered Full Tort
This means that you can file a suit directly against the at-fault driver if you want, rather than filing a claim with your insurance company. If you don’t have a motorcycle license, you probably don’t carry insurance either, making full tort laws especially important.
The Other Motorist May Have Acted Negligently
If the accident was your fault, then you may be out of luck for recovering damages unless you have your motorcycle accident insurance. However, if the other motorist acted negligently, then this negligence may be enough to pin the full responsibility of the accident on him or her, regardless of the fact that you weren’t licensed to ride.
For example, if the motorist was drunk driving then you may be eligible to receive some compensation because of the seriousness of his or her crime.
What You Should Know About Comparative Negligence Laws
Even if the other motorist acted negligently, the insurance company of the at-fault party’s attorney might try to argue that you also acted negligently by riding without a license. This is a common defense in a motorcycle accident claim. The insurer will suggest that your negligence was a contributing factor to the accident’s occurrence.
If your partial fault can be proven, then you will not be able to recover the full damages amount; rather, your damages will be reduced by your amount of fault. In summary, it is still possible to collect damages if you don’t have a motorcycle license, but doing so may be more difficult. Also, your damages amount may be reduced.
Take Action Now By Calling a Motorcycle Accident Attorney
Your best bet for recovering damages is to call a motorcycle accident attorney. At Cordisco & Saile LLC, our attorneys are committed to representing bikers and are determined to work hard to get you the amount of compensation you deserve.
If you operated a motorcycle without a license, you violated the law. However, if the other driver did something negligent, too, then you could see some compensation for your injuries. To learn more about negligence and how to file a claim, contact our offices today at 215-642-2335.
