What if the at-fault driver is uninsured or underinsured?
In the state of Washington, the driver at fault in a bicycle accident is the one responsible for the costs of damages and injuries incurred by the cyclist. If the driver at fault is uninsured or underinsured, the cyclist may have to seek another avenue to cover the costs of damages and injuries. One option available to cyclists in such a situation is to file an uninsured or underinsured motorist claim. This type of claim is filed against the cyclist’s own insurance company for coverage of their medical costs and other damages. In order to be successful in bringing this type of claim, the cyclist must be able to prove that the at-fault party was, in fact, uninsured or underinsured. If the cyclist does not have uninsured or underinsured motorist coverage on their policy, they may still have another recourse. Washington has a Mandatory Auto Insurance Program which provides a safety net for victims of uninsured or underinsured drivers. Cyclists can make a claim to the program if they have proof that the at-fault driver was either uninsured or underinsured, and the program will cover 85% up to a certain amount for damage and injury costs. If all else fails, cyclists in this situation can turn to a qualified personal injury attorney for legal advice. An attorney will be able to help cyclists navigate the legal system and advise them on how to best proceed with their case.
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