When you get injured in a car accident in Florida, your first source of financial recovery is typically your own personal injury protection (PIP) policy. PIP provides no-fault coverage for medical expenses and lost wages up to your policy limit, which must be at least $10,000 under Florida law.
But, Florida’s PIP law does not apply to motorcycles. In other words, while you should automatically have PIP if you have auto insurance, PIP is not necessarily a component of all motorcycle insurance policies. Insurance companies can still offer you PIP coverage and you can choose to pay for it if you want to (which is generally a good idea); however, if you have been injured in a motorcycle accident in Florida, you will need to review your policy to determine if you can file a claim for no-fault compensation.
Seeking Insurance Coverage After a Motorcycle Accident in Florida
Here are some additional factors to consider when seeking financial compensation after a motorcycle accident in Florida:
1. When Filing for PIP, it is a Good Idea to Hire an Attorney
If you have PIP under your motorcycle insurance policy, it is a good idea to hire a lawyer to help you with your claim. Even though PIP is “no-fault” insurance (meaning that your insurer is required to pay regardless of who was at fault in the accident), securing PIP coverage still tends to be far more difficult than it should be. An experienced motorcycle accident lawyer will be able to help you:
- Determine if you have PIP coverage under your motorcycle insurance policy
- Maximize your compensation under PIP
- Decide whether to pursue a fault-based claim against the driver who hit you (or a third party that is liable for your injuries)
2. Florida’s “Significant or Permanent” Injury Requirement Does Not Apply to Motorcycle Accident Claims
After a car accident, in order to seek additional compensation under an at-fault driver’s bodily injury liability (BIL) insurance policy, you must be able to prove that you have suffered a “significant” or “permanent” injury. However, this requirement does not apply in the case of a motorcycle accident. Since Florida’s no-fault insurance law does not apply to motorcyclists, you can file a fault-based claim regardless of the severity and extent of your injuries.
3. You May Need to Be Prepared to Show that the Accident Was Not Your Fault
In motorcycle accident cases, a common tactic that the insurance companies and defense lawyers use is to claim that the rider was the one who was at fault in the accident. Unfortunately, the common misconception that all riders are “risk takers” can negatively affect riders’ personal injury claims; and, as a result, you may need to be prepared to prove (with evidence from the scene) that you were riding safely at the time of the accident.
Speak With a Motorcycle Accident Attorney in Fort Walton, FL
If you were injured in a motorcycle accident, our attorneys can help you seek maximum compensation for your injury-related losses. To get started with a free, no-obligation consultation, please call 850-682-2757 or contact us online today.