Most injury lawyers take these cases on a contingency basis where they get 30-40% of the amount won and you only pay out of that "if" you win the case.
Was an accident or incident report made? The police responded and there is a record of this accident? If your bike was totaled then I'd think you'd have pretty good evidence of an accident, but if you are hurting you need to go see a doctor immediately - many DOC's know exactly how to handle these cases. Some states have catchy little rules about injuries, when they must be reported, and how long of a time limit there is before any claims might expire. You need to act immediately - contact a personal injury lawyer or a DOC now.
What happens is depending on your location and the court involved is that they use a formula 2, 2 1/2, or 3 times the medical cost to figure an amount you will be paid minus the attorney percentage. The DOC will probably work on a contingency as well....
DOC - Doctor of Chiropractic, or as my Medical Doctor calls them... A Doc in the Box - because of their often very small offices
For instance (a typical example only) the DOC will figure a treatment plan and that may require $2500 0r $3000 for treatments on a typical back injury, they multiply this amount by a number your local courts basically allow for a personal injury case let's say 2 1/2,
2.5 times $3,000 for instance equals $7,500 minus 33.3% to the lawyer ($2,500) and you would get about $5,000 unless your state takes the medical coverages from that as well. Certain states have laws where all insured drivers (no fault medical coverage) pay your medical coverages regardless of the outcome in the end of who was at fault so you need to check with an attorney or the DOC - in other words, who ever you claim hit you, would be responsible for your medical coverages, it's not an admission of wrong doing or guilt, it's just a law so someone who is injured can be covered for medical treatment - trust me they will know your rules
If you don't have insurance and your state requires you to have it? The other insurance company could win based on the fact that you were illegally operating your vehicle, or you should not have been riding on the streets without insurance because it's illegal to do so - which means you should not have been there in the first place....
In my state someone I know, plowed another car in the rear end very badly. The person they hit was carried away on a backboard and both cars were totaled. The person I know paid 0 and was not held responsible for hitting this other car.
The other car driver had no insurance, the car the person I know was driving was borrowed and it had no insurance. The person they borrowed it from failed to inform them they had no insurance and in fact told them it was insured. The only people at fault were the people who basically disobeyed the law because neither of them were technically allowed to have their vehicles on a street in the first place. And the person I knew was the only one operating in a legal manner because they acted in proper and good faith - even though this person was negligent and carelessly plowed up two cars
