As a motorcyclist, you may be more vulnerable to devastating injuries in the event of a crash, compared to a standard motor vehicle driver. However, this does not always translate into a higher settlement offer from an auto insurance company or greater damages recovered in a personal injury claim. Without further ado, please follow along to find out why motorcyclists tend to have more difficulty when filing claims and how a proficient Miami motorcycle accident lawyer at the Law Offices of Gonzalo Funes, PA, can help sort yours out.
Do motorcyclists need to carry the same auto insurance as other drivers?
Unlike standard motor vehicle drivers, motorcyclists licensed in the state of Florida are not required to carry Personal Injury Protection (PIP) coverage. With this, you would have been able to rely on your own auto insurance to pay for your medical expenses after a collision, regardless of your role in it. This may have paid for 80 percent of your medical expenses and 60 percent of your lost wages.
However, you may still be expected to demonstrate the financial responsibility you would be able to take in an accident event. That is, while it is not strictly mandatory, you may purchase Bodily Injury Liability (BIL) insurance to cover other involved parties. The minimum limit for this may be $10,000 per person and $20,000 per accident. This is not to mention property damage liability (PDL) for another party’s vehicle, real estate property, etc.
Further, because of this limited mandatory coverage, you may feel more inclined to purchase uninsured or underinsured motorist coverage. This may prove helpful if the at-fault driver in your crash lacks adequate insurance and cannot cover the full extent of your incurred injuries and damages. With this, you may match your BIL limits or go even higher to ensure fair protection during a critical time.
Why are motorcycle accident claims more complicated than car accident claims?
To reiterate, motorcycles are not covered under Florida’s no-fault and PIP system. This means that if you want to be fully compensated, you likely have to pursue a claim directly against the at-fault party. With this, you carry a burden of proof in establishing the defendant’s negligent behaviors and actions during the accident event.
That is, it may not be enough to rely solely on your severe bodily injuries to achieve recovery. The Florida jury may even hold bias that your physical condition would not have been as bad if you were operating a standard motor vehicle instead. You may also have to clear up the wrongful assumption that, as a motorcyclist, you drive recklessly.
Here at the Law Offices of Gonzalo Funes, PA, we do not feed into the negative stigmas surrounding motorcyclists. So please do not feel too intimidated to reach out to a talented Miami auto accident lawyer. We will happily listen to your story and offer legal aid in whatever capacity necessary. Schedule your free initial consultation today.
