Can you get a cash advance on a motorcycle accident case?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Serious injuries, small policies

The numbers explain why insurance limits matter so much here. NHTSA counted 6,228 motorcyclists killed in 2024, 16 percent of all traffic deaths, and reported a motorcyclist fatality rate per 100 million vehicle miles almost 27 times the rate for passenger car occupants (NHTSA, Motorcycles: 2024 Data).

The driver who caused the crash, though, may carry only the minimum his state requires. When the injuries are worth far more than that policy, the policy limit plus whatever the rider’s own policy adds usually sets the ceiling a funder works under. Our car accident page lists the minimum limits in California, Texas and Washington, and how much you can get explains how funders size an offer.

Helmet laws in California, Texas and Washington

In Texas, riding without a required helmet is a misdemeanor with a fine of $10 to $50, and an officer may not stop a rider just to check training or insurance status (Transp. Code 661.003). The bigger effect is on the injury claim. The Texas statute says nothing about whether a missing helmet can be used against a rider in a civil case, and in all three states that question runs through the general rules on shared fault. The defense may argue a helmet would have prevented or lessened a head injury, and a funder will ask whether you wore one. Our FAQ on helmet laws and injury claims covers how that argument is handled.

How shared fault changes the number

California and Washington reduce an injured person’s damages by his or her share of fault without barring the claim. The California Supreme Court adopted “pure” comparative negligence in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, and Washington’s statute says the claimant’s fault “diminishes proportionately the amount awarded” (RCW 4.22.005). Texas is different: a claimant found more than 50 percent responsible recovers nothing (CPRC 33.001).

Example only

Assume, with round made-up numbers, that a jury values a rider’s damages at $100,000 and finds the rider 20 percent at fault for speeding. In all three states the award drops to $80,000. If the jury instead put the rider at 55 percent, the award would be $45,000 in California or Washington and zero in Texas. Real cases turn on their own facts, any policy limit still caps what can be collected, and the funding contract decides what you would owe from whatever is left. Disputes over lane position come up often in these cases; see our FAQ on lane-splitting crashes and the comparative fault comparison.

Your motorcycle policy may not match your car policy

Riders often assume the UIM or PIP on their car insurance follows them onto the bike. State law does not always work that way.

• Washington. The law requiring underinsured motorist coverage in auto policies excepts injuries “while operating or occupying a motorcycle or motor-driven cycle,” and insurers that write motorcycle policies must give buyers a chance to reject UIM for that motorcycle in writing (RCW 48.22.030). Washington’s PIP offer rules apply to an “automobile,” defined as a passenger car (RCW 48.22.005), and a passenger car by definition excludes motorcycles (RCW 46.04.382).
• Texas. UM/UIM must be included in a policy covering “any motor vehicle” unless a named insured rejects it in writing, and PIP pays the named insured, household members and occupants of the insured’s vehicle (Ins. Code 1952.101, 1952.151). Neither section mentions motorcycles, so the declarations page of your motorcycle policy is where to look.
• California and elsewhere. Read the motorcycle declarations page for MedPay and UM/UIM. Coverage that was declined, or bought at low limits, changes what the case can recover.

For a funder, UIM on the motorcycle policy can mean a second source of money when the driver’s limit runs out. A rider with no UIM is usually limited to the driver’s policy and whatever the driver personally can pay. Our FAQ on making a UIM claim explains the steps.

Liens and the length of treatment

Long hospital stays bring hospital liens, health plan claims and, for some riders, Medicare or Medicaid repayment rights. Those are usually settled out of the recovery before a funder’s payoff; see funding and medical liens. Serious injuries also take longer to treat, and a lawyer may wait until doctors can describe the long-term outlook before making a demand. Most funding contracts add charges every month during that wait, which our page on what funding costs shows in detail. State rules on those charges differ; see the laws by state table.

What to ask before you sign

• Was I wearing a helmet, and how is the defense likely to use the answer?
• How might a jury split fault, and in a Texas case, is there a real risk I am found more than 50 percent responsible?
• What are the other driver’s limits, and does my motorcycle policy include UIM, MedPay or PIP?
• How large are the hospital, health plan and Medicare or Medicaid claims so far?
• What would I owe at 12, 24 and 36 months if treatment and the case run long?

Common questions

Related pages

Cash advance on a lawsuit · Laws by state · Injury law FAQs

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.