Motorcycle Accident Claims in Florida: How They Differ from Car Accident Cases

Motorcyclists face additional challenges compared to individuals driving cars or trucks when filing an insurance claim or lawsuit. The differences may appear minimal at first glance but can prove quite substantial.

Personal Injury Protection Does Not Apply in Motorcycle Accidents

Florida adheres to “no-fault” principles for motor vehicle accidents. This matters because drivers and their passengers must carry at least $10,000 in personal injury protection (PIP) insurance. PIP will pay up to $10,000 for medical bills and lost wages, regardless of which driver is at fault in an accident. This arrangement allows people involved in a car accident to receive immediate help rather than waiting for an insurance company to determine who is at fault.

PIP insurance does not apply to motorcyclists in motor vehicle accidents. Motorcyclists do not need to carry PIP insurance on their policies. Additionally, a motorcyclist cannot take advantage of another driver’s PIP to pay for medical bills and lost wages. This places motorcyclists in the unenviable position of losing wages and facing mounting medical bills without a potential source for payment. 

Ultimately, motorcyclists must file a claim with the at-fault driver’s insurance carrier or their own uninsured/underinsured motorist coverage. This is a major difference that matters significantly in the first weeks after an accident. Whereas PIP coverage helps pay medical bills that accumulate after an accident, a motorcyclist will be responsible for those bills themselves unless an at-fault driver’s insurance carrier quickly accepts responsibility.

Unique Aspects of Motorcycle Accidents

Motorcyclists and their passengers under the age of 21 must wear a helmet. While individuals over the age of 21 are not legally required to wear a helmet, they must have at least $10,000 in insurance coverage to cover medical bills. 

This aspect of the laws regarding motorcyclists is frequently used offensively by insurance companies. If a motorcyclist was not wearing a helmet during an accident and was injured as a result, this will be used to reduce the value of an insurance claim. 

Additional factors in a motorcycle accident, such as the vehicle’s speed, the driving maneuvers the motorcyclist employed before the accident, and any evidence of alcohol consumption, will be closely scrutinized by insurance companies.

Investigating a Motorcycle Accident

Reviewing physical evidence in a motorcycle accident claim is important. Identifying signs of swerving, speeding, or sudden braking in skid marks on a roadway can indicate what may have happened before an accident. Additionally, dashcam footage from a vehicle or even the motorcycle itself is incredibly useful- especially if an insurance company is attempting to deny responsibility for its driver’s role in an accident. 

Motorcycle Accidents Require Experienced Advocacy- Contact Difilippo & Pica, PLLC Today

After suffering serious injuries in a motorcycle accident, there is no time to spare. Contact Difilippo & Pica, PLLC today for a free case review. We serve injured motorcyclists and fight for their rights.