[Dueller]

Sorry to hear that, Brando. Hope you'recovering well.

Don't take the following as legal advice...just practical. If the person who hit you had minimum liability ($15,000 PI/$5,000 property in Cali IIRC), in all liklihood they are broke, have nothing to lose, etc or they would have more coverage to protect their assets from a lawsuit. In a nutshell it sounds like they are judgment proof. Sure you could sue them and get a gazillion dollar judgment but if you can't collect or they file bankruptcy on you you'll be throwing good money after bad. You may only get their policy limits and that's it. OTOH IF you had UM in excess of their policy limits, your ins company would make up the difference up to your coverage limit and if that weren't enough you could go after them. But it sounds like in your case you were on a motorcycle and for whatever reason you were mistaken about your coverage. More on that later.

Here's the problem that a lot of people don't realize...when you have ins your company must provide you a defense attorney as part of the coverage. So the peckerwood that hit you has a free lawyer to defend them...even if they put the entire policy limits on the table for you and you sue for excess, they're gonna have a lawyer paid for by their insurance carrier. At least that's the way it is in most states....don't know specifically about the land of fruits and nuts.

If I were you, I'd be pouring over my own policy to make sure you don't have coverage...I mean read every little bit of boilerplate. Just to make sure there wasn't something that would provide you UM. But, if motorcycles were not covered you're likely SOL. And look at every app signed by you with your carrier...e.g., if there's an app/binder and you listed a motorcycle even if they didn't covera it (but perhaps never notified you of the denial of coverageed the motorcycle) , you may be able to use that to get UM.

As an example, I am familiar with a case where an illiterate guy bought coverage for his truck. He had a smalll accident while he was working out of his truck. The insurance company denied a $550 claim because they said the app was for persoanl use only. They even provided a photocopy in support of denial of coverage. Only problem was he had kept a copy of the app and it clearly stated on his copy (in the agent's handwriting) 50 %' busimess use. The original was subpoenaed and there was a clear erasure/white out. Can you say bad faith refusal to pay a claim. Insurance company offered $25K on the courthouse steps...lawyer said "Hell NO." Jury returned a verdict for $550 actual damages and $4M for punitive damages (judge reduced it to $2M).

I can't tell you how many cases where there was clear laibility and horrendous damages that I've had to turn away because there was no insurance or the tortfeasor (person at fault) was judgment proof. This may be why lawyer is evasive...she is a friend and doesn't want to have to be the bearer of bad news.

Good luck.