Miami Accident Lawyer Blog
Even if you do not have a legal background, you certainly know the basics of Florida auto insurance laws from reviewing your responsibilities to procure coverage according to law. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) requires all four-wheeled vehicles to carry $10,000 in Personal Injury Protection (PIP) and $10,000 for property damage. Because the state goes by “no fault” rules for auto accidents, there is no requirement to carry the bodily injury coverage that is mandatory in other US states. Florida drivers can seek compensation through their own insurers under their PIP policy after a crash.
However, motorcycle riders should pay special note to the keywords “four-wheeled vehicles.” Insurance works very differently for your two-wheeled motorcycle, so you should be aware of how this point affects your rights after a collision. The complexities can be overwhelming, so it is wise to trust a Miami motorcycle accident lawyer to handle the legal process. Some background information may also be helpful.
Overview of Florida Insurance Laws for Motorcycles
The key difference between insurance for cars and for vehicles with fewer than four wheels is the PIP requirement. You do not need to – and, in fact, cannot – carry PIP coverage to register your motorcycle in Florida. Instead, riders must comply with other financial responsibility requirements established by law; many will meet them by procuring bodily injury insurance.
However, this type of coverage protects against losses for victims when you are at fault. If you are in a crash because of another driver’s negligence and cannot file a claim under your own PIP insurance coverage, you probably wonder about your options.
Your Remedies as the Victim of a Motorcycle Accident
From the above description, you can see that the Florida insurance system as it applies to motorcycle accidents is essentially “at-fault.” After being injured in a crash, you file a claim with the responsible driver’s insurance company. One of the most important advantages of an at-fault system is that you are not bound by the limitations of PIP coverage, which only pays 80% of your medical costs and 60% of your lost wages.
As the victim of a motorcycle crash, you can seek ALL available compensation from the at-fault driver’s insurer, including:
- The full amount of your medical bills;
- All of your lost wages;
- Pain and suffering;
- Emotional distress; and,
- Many more.
Still, there is one important drawback to note: Unlike a PIP claim, you DO need to prove that the other driver was negligent in causing the crash. This can be a challenge when the insurance company contests that its own policyholder was responsible.
Our Miami Motorcycle Accidents Attorneys Will Guide You Through the Process
While there are advantages of pursuing the at-fault driver for compensation after a motorcycle crash, the claims process is not easier when you are dealing with someone else’s insurance company. To learn how our team can assist with your legal remedies, please contact Gerson & Schwartz, PA. We can set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.