You could take someone to civil court if you injury/property costs exceed the insurance they cover.
But if you're going after an insurance company, expect it to be at least a few years before you see a dime.
Not true in every case at all. Depends on the strength of your case and your medical bills relative to their insurance limits. I got hit by a distracted teenager 18 months ago. My medical alone was over $300k, not to mention permanent reduction in quality of life. My claim was way over his insurance limit. They paid me his max within 60 days and the only reason it took that long is that I had to negotiate subrogation with my health insurance company before I accepted settlement from his insurance company.
OP, the exception to this is if you get him by a minor, you only have recourse against his/her insurance and assets. In California the parents are only liable up to $25k. To sue the parents, you have to prove that they were directly negligent in allowing the minor to operate the vehicle, which is extremely difficult.
My lawyer said my case was a $1million+ claim, except it was a minor with no assets. So after insurance subrogation I got about $65k for my permanent injuries. I had no intention to sue anybody though, even if they were an adult, as it was an honest mistake and I don't think you fuck someone's life up for an honest mistake. Shit happens. Riding motos is risky. I chose to take that risk.
