In Florida, motorcycle owners cannot purchase personal injury protection, also known as PIP or no-fault insurance. This means that you are not entitled to first-party benefits after a crash, such as medical and wage loss benefits. This can be a financial hardship and a barrier to quality medical treatment if you do not have other health insurance or disability insurance. Often times victims of motorcycle accidents hire personal injury attorneys to help find solutions to bridge this gap until a settlement is reached.
Florida law does not restrict an injured motorcyclist or passenger from recovering damages for pain and suffering. (Car accident victims must meet the criteria for “permanent injury” to receive any compensation for pain and suffering).
If you’re injured in a motorcycle accident, there special considerations unique to motorcycles that can affect your ability to collect damages:
- Florida courts have not ruled whether a motorcycle owner can “stack” insurance coverage from other vehicles he or she owns, as the law allows in car accidents.
- The courts have not decided whether private health insurers can claim subrogation against a motorcycle accident settlement. (This would be unfair because motorcyclists are not able to purchase PIP insurance.)
- An insurance adjuster would never ask car accident victims why they were not wearing a helmet. In a motorcycle accident, the defense can argue that failure to wear a motorcycle helmet amounts to comparative negligence (i.e., blame the victim.)
Injured in a Motorcycle Accident?
If you’ve been seriously injured in a motorcycle accident, you should contact a motorcycle accident attorney. If you would like to talk to our motorcycle lawyers, give us a call at 813-915-1110. Our attorneys will answer your legal questions, make recommendations, and provide you with a free evaluation of the motorcycle accident, including all insurance coverage available to you, all without obligation to use our legal services Our phones are answered 24/7/365. You can also reach us by e-mail.