What if the at-fault driver does not have insurance?

If the driver who is at-fault for a bicycle accident in New York does not have insurance, it is possible that the injured cyclist will seek compensation from the driver’s assets. In New York, this is known as a ‘direct action’ against the at-fault driver. To pursue a direct action, the injured cyclist would need to file a legal complaint and then serve the defendant with a summons and complaint. In New York, it is also possible to seek compensation from the Uninsured Motorist Protection Fund, which is funded by insurance premiums from New York State’s drivers. In order to be eligible for compensation from the Uninsured Motorist Protection Fund, the cyclist would need to demonstrate that the at-fault driver did not have insurance at the time of the accident. If the at-fault driver does not have insurance, there may be certain obstacles to recovering damages. For instance, the driver may not have enough assets to provide compensation. In this case, the cyclist may consider filing a claim against their own insurance policy if they have uninsured motorist coverage. Other options may include filing a claim under their health insurance, seeking compensation from a third-party who may be liable for the accident, or joining a personal injury lawsuit against the at-fault driver. It is important to note that the laws regarding liability for an uninsured driver may vary from state to state. Therefore, if an at-fault driver does not have insurance, the injured cyclist should consult a lawyer to determine their best course of action.

What if the at-fault driver does not have insurance?

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