What if the driver at fault in a bike accident does not have insurance?
If the driver at fault in a bicycle accident does not have insurance, the cyclist may still have some options available in California. The cyclist may be able to receive compensation for their damages and injuries through the driver’s uninsured motorist coverage if they have auto insurance of their own, or through their health insurance or medical coverage. Additionally, the cyclist may be able to sue the driver for damages either by making a claim through the driver’s assets or by going to court. In California, cyclists may be able to take advantage of the Uninsured Motorist Coverage Provision of the California Insurance Code. This law requires auto insurance policies in California to include uninsured motorist coverage, so that an insured has a safety net to draw on if they are hit by an uninsured motorist. If the cyclist has their own auto insurance, they can file a claim with their insurance company for damages incurred in the accident. The cyclist may also be able to take legal action against the driver if they are willing to pursue a civil suit. By filing a complaint in small claims court, the cyclist can ask for compensation from the driver for damages and injuries through their assets, such as money, property, or other valuables. Alternatively, the cyclist may be able to receive compensation for medical expenses and damages through their own health insurance or medical coverage. In any case, it is important for cyclists to speak to an attorney who specializes in bicycle accident law in California to understand what routes of action are available to them.
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