How Motorcycle Riders Can Receive Compensation After an Accident

Posted by Daniel BottariFeb 04, 20210 Comments

Delray Beach Motorcycle Accident Attorneys
Delray Beach Motorcycle Accident Attorneys, Dan Bottari and Conor Doyle

Generally speaking, motorcycle accidents are much more severe than typical car or truck accidents. Without airbags, a sturdy frame, or strong center of gravity, motorcycle accidents at high speeds will likely result in a trip to the emergency room. Traumatic brain injuries, spinal cord injuries, fractures, road rash, and internal injuries are just a few of the most common motorcycle injuries leading to pain and suffering. If you have been injured on a motorcycle in Delray Beach, Boca Raton or South Florida contact us for a free consultation at 561-588-2781. 

Depending on the nature of the accident, Florida law may provide an avenue for the injured rider to pursue compensation for damages. If someone else's negligence causes the motorcycle rider to be injured, the motorcycle rider can get paid for medical expenses, paid and suffering, and lost income due to injury. 

Motorcycle Riders and PIP Insurance in Florida

One way for motorcycle riders to get paid for injuries is if the motorcyclist has a motorcycle's insurance policy that covers them in the event of an accident. However, many Florida riders opt to forego an insurance policy on their bike. Florida is a No Fault state and requires PIP insurance for drivers of automobiles. However, PIP insurance is not required for motor vehicle drivers. Some motorcycle riders in Florida will sign up for medical payment coverage (Medpay) or special PIP coverage that's intended for motorcycle owners, but if the motorcycle rider does not have insurance coverage for an accident, they will have to pursue a different route to get money for their injuries.

The Other Party's Insurance Policy

When a motorcycle rider is injured due to someone else's carelessness, they can file a claim against any and all responsible parties, including the careless driver and the owner of the vehicle that the careless driver was operating. If negligence is established, then the bodily injury liability coverage of the negligent party's auto insurance will be legally responsible to compensate the injured rider for their medical bills. 

Unfortunately, the negligent party might not have bodily injury liability coverage. If the truck or vehicle causing the accident doesn't have insurance, or their policy is lacking in bodily injury liability coverage, then it may be possible to file a claim for uninsured motorist liability. Uninsured motorist liability covers medical bills – such as ambulance fees, doctor's bills, and hospital charges – in the event bodily injury liability coverage doesn't pay for it.

In cases where the motorcycle rider doesn't have uninsured motorist coverage on their motorcycle, it may be possible to “stack” the uninsured motorist insurance from the rider's auto policy. As long as the motorcycle rider's car and bike are insured by the same company, stacking UM insurance will allow the motorcycle rider to use the coverage amounts from their auto policy's UM coverage to pay for medical expenses arising from their motorcycle injuries.

Legal Representation for Florida Motorcycle Accident Victims

Just because a motorcycle rider gets injured does not mean that they will automatically be paid for it. The burden will be on the injury victim to prove that the other driver was negligent or careless, and that the injury did in fact occur. Insurance companies rarely hand out their best offer right away, and sometimes, the injury case may go to trial.

When money is on the line, it's best to hire a motorcycle accident attorney who is knowledgeable about Florida's motorcycle and insurance laws. An experienced Florida personal injury lawyer will be able to handle the insurance paperwork on your behalf, negotiate with the insurance adjusters so you know you're getting a good deal, and stand up for you against the insurance company's team of lawyers in the event your case goes to trial.

If you have been injured on a motorcycle in Delray Beach, Boca Raton or South Florida contact our law firm for a free consultation at 561-588-2781.