What if the driver who caused my bicycle accident does not have enough insurance?
If the driver who caused your bicycle accident does not have enough insurance, you may be able to recover some of your damages through the Uninsured Motorist Statute or the Underinsured Motorist Statute in New York. These laws allow injured bicyclists to recover damages from their own insurance policies if the responsible driver does not have sufficient insurance coverage. Before you can take legal action against your insurance company, you will need to be able to prove that the driver was at fault for the accident. You will also need to verify that the driver does not have enough insurance. If you are unable to do this, then your claim may be denied. Another option you have is to file a lawsuit against the driver personally. If the driver is found to be at fault for the accident, then you may be able to recover damages through the court. However, before pursuing a lawsuit, it is important to determine if the driver has any assets that will cover your losses. If they do not, then a lawsuit may not be in your best interest. No matter what your legal options are, it is important to seek the advice of an experienced bicycle accident lawyer. They can help you understand your legal rights, and they can explain all your options for recovering damages.
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