Uninsured/Underisured Motorist Coverage
Types and Sources of Insurance Coverage
Property Damage and Diminished Value Claims
Insurance Claim Process
Personal Injury Lawsuit
Recoverable Personal Injury Damages
Factors that Affect Personal Injury Case Value
Although Florida motorcycles are given the same rights and privileges as any motor vehicle on the roadway (e.g., bikers must follow all traffic laws, including those related to speed limits, lane changing, yielding, etc.), motorcyclists are subject to very different laws when it comes to accidents.
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First of all, Florida's No-Fault law does not apply to motorcycle riders or passengers. See Florida PIP Coverage. Thus, motorcyclists cannot immediately recover medical expenses from the at-fault driver’s Personal Injury Protection coverage (PIP) and in fact, may even be out-of-pocket for their accident-related medical expenses if they did not purchase optional medical insurance coverage or have private health insurance. On the other hand, by not being subject to the PIP Law, motorcyclists are not required to prove that they suffered a permanent injury (the threshold requirement for car drivers) to be able to recover future medical care and pain and suffering damages.
Second, motorcyclists over the age of 21 are required to wear a helmet, unless they can show proof of medical insurance coverage in the amount of $10,000 or more . Motorcycle passengers are not required to have motorcycle medical insurance if the motorcycle rider’s motorcycle coverage extends to passengers. Also, Florida motorcyclists are required to wear eye protective devices. Failure to comply with the helmet and eye protection requirements could be used to charge the motorcyclist with comparative fault reducing the amount of recoverable damages.
If you would like to have your case evaluated by an experienced Florida personal injury attorney, call our office now for a free non-obligation consultation. You owe us nothing unless we win your case, and in most cases we are able to substantially reduce our personal injury contingency fees to save you hundreds or even thousands of dollars.