Florida, Motorcycles, & Personal Injury Protection
Florida is one of a few states that has “no-fault” car insurance. Because of it, Florida requires all drivers to carry personal injury protection (PIP) insurance. To elaborate, imagine that you were in a car accident. In this state, your PIP coverage can pay for your medical bills, medication, ambulance transport fees, and more. The critical distinction is that your PIP insurance covers you even if you caused the accident. Hence, the “no-fault” system.
PIP can cover up to 80% of your medical costs
People who have injuries that are not considered emergencies can receive up to $2500
We need to discuss personal injury protection before talking about motorcycles because Floridians who operate motorcycles are not required to have PIP. Motorcycles are inherently more dangerous than cars because of their limited protection, powerful engines, and other cars that may not see them. Motorcyclists can suffer significant injuries even in relatively minor accidents and may not have PIP to pay for their damages.
The Need For a Skilled Personal Injury Attorney
In the absence of PIP, a motorcyclist will rely on a personal injury attorney to assist them in obtaining the compensation they need to pay for their injuries. Determining who was at fault or who was primarily responsible for causing the accident is a critical component of that. Because PIP does not cover 100% of someone’s medical bills, the other driver’s bodily injury liability insurance would cover the rest. However, Florida recommends that drivers have at least $100,000 in bodily injury liability insurance per person and $300,000 per accident—but there is no legal minimum. In other words, the driver who was at fault might not have had any.
A Shift Toward Comparative Fault
If a motorcycle rider is injured in an accident and contacts an attorney, does the “no-fault” rule still apply? When one side tries to collect damages from the other, the Florida courts will use a comparative fault approach. For example:
The person on the motorcycle was 20% at fault for the accident
The person driving the car was 80% responsible for the accident
Although there are times when someone is 100% at fault, more often than not, it is a combination of factors. Your degree of fault gets subtracted from the settlement amount.
The Law Offices of William C. Robinson Represent Motorcyclists
If you ride a motorcycle and have been in an accident, having a skilled personal injury representing you and your case is critical for obtaining the compensation you need. Let us look at the accident and assess all the factors to determine who was at fault and why. Contact our offices today to set up a free initial consultation with attorney William C. Robinson.
