What if the driver at fault in a bicycle accident does not have enough insurance?
When a car driver is at fault for an accident involving a bicycle rider, the driver’s insurance is usually responsible for compensating the injured cyclist. In New Jersey, the driver must have a minimum of $15,000 per person and $30,000 per accident in automobile insurance coverage. If the driver at fault does not have enough insurance, the cyclist may be able to pursue a claim against the driver personally. Although this will depend on the driver’s wealth and other financial assets, in many cases the driver will not have the means to cover the cyclist’s damages. Fortunately, New Jersey drivers are also required to carry Uninsured/Underinsured Motorist Coverage (UM/UIM). This type of coverage is designed to protect a driver in the event that the at-fault driver does not have enough insurance. The cyclist can file a claim with their own insurance company to obtain compensation for their injuries through the UM/UIM policy. If the cyclist does not have a UM/UIM policy, the cyclist may be able to pursue a claim against the driver if the driver’s negligence was what led to the accident. This would involve the cyclist filing a lawsuit in New Jersey civil court. It is important to note that this type of lawsuit should be handled by a qualified motorcycle accident attorney as these cases can be complex. In conclusion, if a driver at fault in a bicycle accident does not have enough insurance, the cyclist may be able to pursue a claim through their own insurance company in the form of an Uninsured/Underinsured Motorist Coverage claim. Alternatively, the cyclist may be able to file a lawsuit against the driver. Either way, it is important to seek legal counsel and advice to ensure that the cyclist is in the best position to obtain the compensation that they deserve.
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