June 7, 2021
Collisions are stressful experiences. Discovering that the other party lacks insurance makes it an even more frustrating experience for an injured cyclist.
So what happens when a cyclist is struck by an uninsured driver?
Let’s take a closer look at how such scenarios typically unfold.
California drivers are required to carry auto insurance that covers certain minimum damage claims. When these drivers are in a collision with a cyclist, the process for submitting an insurance claim and receiving compensation from the at-fault party is much the same as with collision between two cars or a car and a truck.
If the other person does not have insurance, or carries insurance with insufficient coverage limits, you still have options.
The first is pursuing a claim with your own insurance company. If you carry uninsured and under-insured motorist coverage on your auto policy, you may be able to file a successful claim for your cycling incident. The amount you may receive is typically capped by your policy. Policies with higher premiums will have higher coverage limits.
If you can prove the motorist was at-fault for the collision, the legal system allows you to make claims for certain compensation. You can sue for medical injuries and expenses, lost wages and the pain you have suffered.
In such cases, it is important to establish liability, so make sure you contact police, ask for a traffic accident report, ask for contact information from any witnesses at the scene and take visual evidence of the crash site. Such information may be invaluable for the success of a lawsuit.
Choosing the right attorney is also an important step. Because these cases can be quite complex, it is advisable to work with an attorney who specializes in this field of litigation.
Gary Brustin is a lifelong cyclist and a specialist in bicycle accident law. In fact, these are the only types of cases that he accepts. If you’ve been injured in a collision, we urge you to contact Gary for a complimentary consultation.