Bicycle and pedestrian accidents that happen in Kentucky pose different questions and different answers for the accident victims. I've had both bicycle and pedestrian accident victims come into my office after being hit by a car and have suffered serious injuries. They wonder if they have a case. They’ve been hurt and want to recover for their injuries. The question is what happens if the car that hit them did not have insurance? Can the bicyclist or pedestrian be compensated for their injuries?
Can you recover?
There can be recovery even if the driver of the car that hit them didn’t have insurance. This also applies when the driver doesn't have enough assets to pay for the injuries that they caused by their negligent actions. However, it's always a good idea to check with your insurance company about your insurance coverage. You will want to make sure you are covered before an accident happens.
I had a client a few years ago that was in a moped accident. She was injured by a car that ran her off the road, and then the car took off. She was seriously injured. Her leg was broken and required two surgeries. It took about a year for her to recover. We were able to get a recovery for her by looking to the UIM on her car. This was from her own car insurance company. UIM covered her even though she was not driving her car at the time. I can't say this enough; you need to look to your insurance company in these situations. If you are not sure if you have this coverage, call your insurance agent and ask. They will be happy to look into it for you.
As a Personal Injury Attorney, I will look at the insurance policy of the person on the bicycle or the pedestrian to see if they have what is called uninsured motorist coverage (UIM). This coverage is often found under your car insurance coverage. However, you need to make sure that you have this coverage on your own car insurance policy first. UIM will pay for your pain and suffering in a bike or pedestrian accident if the car that hit you did not have insurance. Most people are surprised to learn that their car insurance will give them those benefits under this situation.