Although riding a speeding motorbike through a city can be fun, motorcycle accidents do happen, and death or injury may occur. No one expects to have an accident, and that’s why it’s called that — an accident.
Sadly, road accidents are a leading cause of death in Tampa.
Tampa is a city situated along Florida’s Gulf Coast. As a major business center, it has a high population and the roads can get pretty boisterous at times. Statistics show that 37 out of 1000 motorcyclists in Tampa will get into a motorcycle accident yearly. When you get injured, you may not be at fault and, therefore, will require compensation for your injuries from the at-fault party.
Florida is a no-fault insurance state. But the question is, does no-fault apply to motorcycle accidents? Can you sue your injurer or depend on your insurance coverage for your medical expenses?
Read on.
What is a no-fault insurance policy?
The no-fault insurance policy holds that you may seek compensation from your own automobile insurance regardless of who is at fault in a car crash. In that case, you do not sue the other party unless there are severe or permanent injuries.
This law is applicable in some states, including Florida. So when you are involved in a car accident in Florida, you may turn to your personal injury protection (PIP) insurance coverage for monetary compensation, even when you’re at fault for the occurrences. However, if your insurance coverage is insufficient to foot your bills and losses, you may seek additional compensation from the other driver’s insurance. In that case, you may also sue.
However, many people think this same policy applies to motorcycle accidents as well, but it’s not so.
Are motorcycle accidents subject to no-fault insurance in Florida?
Motorcycle accidents in Florida are not subject to the no-fault law. So if, unfortunately, you’re involved in a motorcycle accident, you may file a personal injury claim against the other party if they’re at fault for the crash.
Suppose you have a vehicle and a motorcycle. Naturally, you’ll purchase PIP insurance for your car. But if you’re injured while riding your bike, your car’s PIP insurance coverage doesn’t apply. Whether or not your injury was caused by a negligent driver or another motorcyclist, your PIP insurance wouldn’t kick into action since your vehicle wasn’t involved.
In such a case, you can file a personal injury claim to seek compensation.
How to navigate a motorcycle personal injury claim
Florida law allows you to file a personal injury lawsuit against your injurer in order to seek compensation for the injuries and other losses you sustained after a motorcycle accident.
However, the success of your claim will depend heavily on your ability to prove that the other party was actually at fault (negligent). This you can do by having the right legal backing. Fortunately, this motorcycle accident attorney who has an impressive track record with injured victims can also help you. He will help evaluate your case, gather evidence, and represent you against your injurer in court.
What you must prove before your claim can be granted
The court and the at-fault party’s insurance will not grant you compensation unless you can prove that the defendant actually caused your injuries.
In a motorcycle personal injury claim, you must prove the following:
- That the defendant owed you a duty of care, which is to drive safely;
- That they breached that duty;
- The accident occurred due to that breach
- You sustained injuries
Suppose you’re riding your motorbike and a careless driver failed to signal. As a result, you didn’t get out of the way in time, and their vehicle ran into you, or you ran into theirs.
Importantly, you also have a crucial role in the success of your case. This begins the moment the accident happens. It’s all about noting down the details of the occurrence as they’re fresh so you can present them as evidence. The following
What to do immediately after a motorcycle accident
- Wait at the scene. It is a legal offense to leave an accident scene, and you can be charged for doing so.
- Call law enforcement. When they arrive, avoid taking the blame for the accident. Even though you think it was your fault, many other factors may be at play, and your words may be used against you.
- Document as much information as possible before law enforcement arrives. Take photos of your injuries, motorcycle, and the other drivers. Do a video recording if possible. Also, collect the driver’s vehicle information and license plate number.
- Do not resist treatment from the paramedics. Get treated, but be sure to take photos of the injuries before that.
- Get witness statements as they saw what happened from a better angle than you.
- It’s essential to get to a hospital for proper medical examination after leaving the scene.
- Contact a personal injury lawyer to evaluate your case and determine the best course of action.
The bottom line
The Florida no-fault insurance law only applies to vehicle accidents and does not cover motorcycles. So if you ever get involved in a motorcycle accident where you believe the other party is to blame, contact a motorcycle accident lawyer as soon as possible.
Thank you,
Glenda, Charlie and David Cates
