Q: How can I get compensation for bicycle accident injuries without the driver's insurance coverage?

A: Personal injury lawyers won't take your case because they work on contingency, and without insurance there's no guarantee they will be paid. Personal injury cases can be complicated and there's a lot of work that goes into them, so PI attorneys aren't going to take cases where there's no insurance. You can try finding a sole practitioner who might take your case, but don't bank on it. Barring that, you can sue him yourself but be prepared to spend a lot of time learning how to do it. Literally, you might as well go to law school because that's about the amount of learning you need to successfully prosecute a PI case. Having said that, without insurance, there's no way to guarantee that you will be compensated. If the other driver has nothing, you will get nothing. And collecting the judgment falls on you - the court cannot order the other party to pay you.

A: Even if the driver who struck you had no bodily liability coverage, and you have no auto insurance, that driver's PIP (personal injury protection) should cover your medical bills, probably up to about $10,000. PIP gets paid directly to your medical providers. It's something that normally covers only the policyholder, but when there's a cyclist or pedestrian without his/her own insurance, it should cover you. The PIP claim should be set up by contacting that driver's insurance company.

Now, even with that coverage, there is no coverage for you for medical bills above the PIP amount (for that, you would look to your health insurance co., if any), and there is no coverage for your pain, suffering, emotional distress, etc. That driver is liable to you for all of that, but the issue is collectibility. If collectibility is a question mark, the only way to sue him is either (1) pay a lawyer up front, which may or may not make financial sense (assuming you could afford it to begin with), or (2) represent yourself.

Amongst other options, one option is sue in small claims court for $8,000 plus court costs (the max. in that court), as small claims court is set up to make it relatively easy to represent yourself. For anything above small claims court, you'd need to consult a lawyer for much assistance - which of course will cost you. If you end up obtaining a money judgment against that driver, and he fails to pay, there is a procedure with the Fla. DHSMV whereby that driver's license may be suspended. That may (or may not) trigger payment or some kind of settlement offer to you.

A: I'm sorry about your accident. The only thing I'd add to the valuable guidance of my colleagues is that you may still want to consider reaching out to other attorneys. From your post, it appears you spoke with one attorney who declined your matter. You mention major pain; you do not mention liability - that would be a factor that attorneys consider. If several other attorneys also decline your matter, that would help you narrow the field of options you want to consider. I hope you're okay. Good luck