Warm weather, plenty of sunshine, and relatively flat roads make Florida a haven for motorcycle riders. Even some of the state’s motorcycle laws tend to favor comfort. Regardless of whether you’re hitting scenic A1A highway or staying on I-75, there’s always the chance of being involved in a motorcycle crash. While some of the common causes of motorcycle accidents in New Port Richey are avoidable others aren’t.
For example, you can avoid engaging in lane-splitting but there’s not a lot you can do to stop a motor vehicle driver from speeding. So, if you’re injured in a motorcycle accident you’re probably going to have a few questions. We’re running through some of the common questions about motorcycle accident claims in Florida.
Can I File an Injury Claim If I’m Not Wearing a Helmet in Florida?
Remember how we mentioned some of the Sunshine State’s motorcycle laws to look at a rider’s comfort? Well, this is one of them. As long as you’re at least 21 years old, helmets are a suggestion and not the law. Anyone under the age of 21 on a motorcycle must wear a safety-approved helmet. This means you need something a little more than a baseball cap.
So, not wearing a helmet shouldn’t prevent you from filing a personal injury claim. However, your insurance provider may have something different to say. You’re filing an injury claim with your personal injury protection (PIP) provider so read your policy carefully. Some insurance companies don’t cover injuries if the motorcycle rider isn’t wearing a helmet.
What Happens If I’m Partially Responsible for the Motorcycle Accident?
Florida is one of a handful of states following comparative negligence rules. This insurance law allows more than one individual/entity to be responsible for causing the same accident. Yep, this means even if you’re riding a motorcycle you can be liable for your damages and those of anyone else involved in the accident. Here’s an example of comparative negligence in a motorcycle accident.
If you’re engaging in lane-splitting and are hit by a vehicle suddenly pulling out in front of you, both parties may be partially liable for the accident. Lane-splitting isn’t legal in Florida and all drivers are required to signal and ensure the way is clear before pulling out into traffic. As long as you’re not assessed over 50% of the blame, you should be able to file a claim against the at-fault driver’s insurance provider.
Something to keep in mind is comparative negligence doesn’t apply when you’re filing a claim with your insurance provider. This can help make part of the legal process go a little more smoothly.
Do I Have to File a Claim with My Insurance Provider?
Not only is Florida a comparative negligence state, but it also follows no-fault insurance rules. This typically means regardless of who causes your motorcycle accident you’re filing a claim with your insurance provider. There aren’t any exceptions unless you’re not carrying motor vehicle insurance.
While all motor vehicle owners must carry the state’s minimum insurance requirements, it’s a little different for motorcycle riders. Currently, Florida doesn’t require motorcycle owners to have insurance. Even though this means you get to miss out on paying monthly insurance premiums there can be a downside.
Instead of recovering some of your damages from your insurance provider, you’re completely reliant on the at-fault driver. This means things like proving negligence are a must. Comparative negligence can also come into play. If the other driver isn’t carrying insurance, you may not be able to recover any compensation.
What Damages Can I Claim in a Florida Motorcycle Accident?
There isn’t a set list of claimable damages in motorcycle accident claims. Sure, there are some common damages but no two motorcycle accident claims are exactly alike. Chances are you’re going to have property damage. Medical expenses are almost a given since injuries tend to be severe in motorcycle collisions. If your injuries are keeping you out of work, your claim can also include lost current and possibly future income.
These are your economic damages and your claim may also include non-economic losses. Non-economic damages are things like mental anguish, pain, and suffering. Since you can’t rely on bills and receipts to calculate these types of damages, you need to rely on one of two formulas. You can use either the multiplier or per diem method, both are perfectly acceptable.
If you’re wondering about punitive damages, you can’t include these in your accident claim. Punitive damages are only awarded by a judge or jury when gross negligence is present. For example, if a motor vehicle driver purposefully speeds up to clip your motorcycle’s rear fender causing you to wreck. Since the driver’s actions are intentional, this may be considered gross negligence.
How Long Do I Have to File a Florida Motorcycle Accident Claim?
All states have what’s called a statute of limitations on filing motorcycle accident claims. The statute of limitations in Florida is two years, usually from the date of the accident. If the accident causes a fatality, you also have two years to file a wrongful death claim.
Can the statute be extended? Sometimes the answer is yes. The statute of limitations may not kick in until you discover your injuries. The statute is usually temporarily paused for minors until they turn 18. If the defendant in your accident claim is suddenly unreachable, the statute is typically paused. While pausing the statute gives you more time to get ready to file a personal injury claim, it can also have a downside.
Waiting to file for compensation can mean supporting evidence is lost. Witnesses can move away or forget accident details. Typically, it’s best to get started on the claim process as soon as possible.
Should I Hire an Attorney for My Motorcycle Accident Claim?
You should pretty much always consider hiring a personal injury attorney if you’re involved in a motorcycle accident. Your attorney not only understands Florida’s laws and insurance rules, but they’re also skilled at navigating the occasionally complex legal process.
