What is the Statute of Limitations in Florida for suing the driver who caused my motorcycle accident?
Generally, the statute of limitations in Florida for a typical motorcycle crash caused by the negligence of a driver is 4 years from the date of the accident. This means that your lawsuit against the other driver or vehicle owner must be filed in the correct court within 4 years of the accident. Otherwise, your case may be forever barred. This is a difficult area of the law. Please consult with an accident attorney regarding the specific facts of your case.
You should report the accident immediately to the police if you have not already done so. Any and all witnesses to the accident should be identified by name, address and telephone number. Take photographs or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your motorcycle can be invaluable in assisting us in maximizing your recovery. If you require medical treatment, be clear and accurate in how you describe the events of the accident.
Give your doctor a complete, accurate and truthful description of how the accident happened. Also, tell them what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had. You have a duty in Florida to be cooperative with your own insurance company. However, you have no such duty to cooperate or give a recorded statement to the insurance company for the driver who caused the accident. If you have suffered lacerations, road rash, bruising, or other injuries, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed.
Motorcycle laws and automobile laws are greatly different in Florida. For example, when insuring a motorcycle, the owner cannot purchase first party benefits, such as medical benefits and income loss benefits. In Florida, this is referred to as Personal Injury Protection, or PIP. Additionally, the requirement of sustaining a permanent injury is not required; therefore there is no restriction on recovery for pain and suffering. However, many areas of motorcycle law are in a state of flux. Our courts have yet to decide whether a motorcycle owner who is injured in an accident can stack uninsured and underinsured motorist benefits for the automobiles that are in the owner’s household. Our courts have also not decided whether private health insurers can claim subrogation against the motorcycle owner in the event of recovery.
For even more Motorcycle Accident FAQs visit our blog and for other FAQs, visit our practice area pages!