Motorcycle Accident Lawyers

In Florida, motorcycle insurance works the same way as car insurance in the event of an accident. This means:

• Your accident claim will most likely involve a claim against your personal injury protection (PIP) policy. PIP covers 80% of your medical bills, 60% of your lost wages, and certain out-of-pocket expenses up to your policy limit (less your deductible). By law, you are required to carry a minimum of $10,000 in PIP coverage.
• If another driver or biker was at fault and he or she has bodily injury liability (BIL) insurance, then you can file a fault-based claim with his or her insurer. However, in order to file a BIL claim, you must be able to prove that you have suffered a serious and permanent injury.
• If the driver or biker who hit you was uninsured or underinsured (meaning that his or her BIL coverage is insufficient to cover your losses), you can file a claim under your own uninsured/underinsured motorist (UIM/UM) policy – if you have one. If you have UIM/UM coverage on multiple vehicles, you may be able to “stack” your coverage in order to maximize your financial compensation.

No matter what happened, at the scene of an accident, your safety needs to be your first priority. If you can walk, get yourself safely off of the road. Call 911 to report the accident, and seek emergency medical attention if necessary. If the other driver or rider stopped, collect his or her insurance information, and ask for names and phone numbers from any witnesses as well.

Now is also the time to call an attorney. An attorney with experience representing bikers will be able to walk you through the steps you need to take (and the mistakes you need to avoid), and he or she will be able to initiate an investigation right away. Our firm has four office locations throughout Volusia, Flagler, and Seminole Counties, and we can take action immediately to protect your legal rights.

As a motorcycle rider in Florida, the best thing you can do to protect your rights is to protect yourself. In other words, ride safely. Our attorneys who ride recommend:

• Practice ATGATT (All The Gear, All The Time) – Even though helmets are not mandatory for riders over age 21, if you go down, your helmet may be the only thing protecting you from a traumatic brain injury. Motorcycle boots can help prevent foot and ankle fractures, and motorcycle pants and jackets can prevent (or at least mitigate) road rash in the event of an accident.

• Ride Within Your Limits – You know your limits better than anyone else. Don’t let other riders push you, and try not to respond to aggressive drivers. The open road is not the place to test new skills. Find an empty parking lot, or better yet, sign up for a Motorcycle Safety Foundation (MSF) class.

• Inspect Your Bike Before Every Ride – Do all of your lights work? Is your oil level okay? How are your tires? What about your brake pads? Is your chain tensioned and lubed? Performing these simple checks before every ride can help prevent serious accidents and accident-related injuries.

• Check the Weather – Sudden rainstorms can make the road slick; and if you don’t have the right gear, riding in a downpour can become very dangerous. It’s easier than ever to check the weather – so before you start your engine, make sure you are prepared.

• Observe the Law – Whether you are riding to work or making your way to Daytona Bike Week, it is your obligation, as a biker and a citizen of our local community, to always observe the law. Don’t speed. Don’t “lane split” or weave through traffic; and most importantly, don’t give anyone an excuse to blame you for your own accident-related injuries.

Despite what they say, the insurance companies are not on your side. When it comes to fixing your vehicle after an accident, they want to pay as little for parts and service as possible.

As a result, when getting your motorcycle fixed, you need to be very careful about relying on the estimate provided by your insurance company’s recommended repair shop. You are entitled to request an estimate and service from a shop of your choosing, and you are entitled to have your vehicle fixed (or replaced) according to the terms of your auto insurance policy.

Also, if your policy includes coverage for a rental car while your vehicle is in the shop, make sure you get the car to which you are entitled under your policy. Oftentimes, insurance companies will upsell rental car allowances and then offer a minimum daily rate when you file a claim.