What if the driver who caused my bicycle accident does not have enough insurance?
If you are injured in a bicycle accident caused by a driver with insufficient insurance coverage in North Carolina, you may be able to recover damages from some other source. North Carolina is a "fault" or "tort" state, meaning that a person who causes an accident is financially responsible for the damages they cause. The driver who caused your accident may be personally liable for any damages you suffer as a result of the accident. In addition, if the driver who caused your accident is found to have acted negligently or recklessly, you may be able to recover damages from their personal assets, such as their home, savings, investments, and other forms of wealth. This is called a "direct action" lawsuit and can provide some coverage if the driver does not have enough insurance. You may also be able to secure compensation through a program called uninsured motorist coverage. This is optional coverage that you can purchase from your automobile insurer that provides coverage when you are involved in a collision with an uninsured motorist. This coverage will cover medical expenses, property damage, and other costs you may have incurred as a result of the accident. Finally, in North Carolina, you may be able to file a claim against the North Carolina Uninsured Motorists Fund. This fund is designed to provide compensation to those injured by an uninsured motorist, provided the injured person meets certain criteria. This fund may pay for medical costs, lost wages, and other costs associated with the accident. In conclusion, if the driver who caused your bicycle accident does not have enough insurance, there are some options available for recovering damages. Compensation may be available from the driver’s personal assets, uninsured motorist coverage, or from the North Carolina Uninsured Motorists Fund. It is important to seek legal assistance to ensure that you receive the full compensation you are entitled to.
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