What if the driver at fault in a bicycle accident does not have enough insurance?
If the driver at fault in a bicycle accident does not have enough insurance, then the cyclist may still have a legal remedy. In some cases, the driver’s vehicle may be owned by an employer or other third party, and this person may be held responsible for any damages suffered by the cyclist. Additionally, cyclists may be able to collect against their own uninsured or underinsured motorist policy, if they have one. In Hawaii, there are also certain cases in which a cyclist who has been injured may be awarded damages based on the driver’s “personal fault.” This can include cases in which the driver was speeding, running a red light or engaging in another reckless behavior that caused the accident. In this case, the cyclist or their family may be able to file a lawsuit against the driver for their personal negligence. Finally, if the driver involved in the accident is uninsured or underinsured, the cyclist may be able to seek monetary compensation from the state’s Motor Vehicle Injury Reparations Fund. This fund is available to individuals who have suffered an injury due to a motor vehicle accident that was caused by an uninsured or underinsured motorist. This financial assistance is only available to those who have suffered an injury, so it is important for cyclists to seek medical attention after any accident, even if they do not think their injuries are serious.
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