Miami Personal Injury Lawyer Blog
As a Florida motorist, you’re aware that there are mandatory auto insurance requirements that create a system of “no-fault” in which proof of liability is not necessary to recover compensation. However, no-fault insurance laws in Florida do not apply to motorcycles. While car drivers use Personal Injury Protection (PIP) insurance for initial medical expenses, motorcyclists must seek compensation from the at-fault driver’s insurance.
This allows Miami riders to sue for damages, including pain and suffering, without meeting a “serious injury” threshold. The legal process is still complicated, making it critical to get help from a Miami motorcycle accidents lawyer for filing a claim and potentially going to court. An explanation of the basics should also be informative.
The Motorcycle Exception to No-Fault Laws in Miami
Florida law requires drivers of four-wheeled vehicles to carry Personal Injury Protection (PIP) insurance. This coverage pays for medical expenses and lost wages after an accident, regardless of who was at fault.
However, this law has a significant exception for motorcycles. In Florida, motorcycles are not defined as “motor vehicles” under the no-fault statute. Therefore, motorcyclists injured in an accident in Miami cannot rely on PIP insurance to cover their expenses. This distinction means you must take a different path to seek compensation.
No-Fault Insurance Laws and Your Miami Motorcycle Accident Claim
Since PIP benefits are not an option, you’ll need to seek compensation directly from the at-fault driver’s insurance. This means your case will be based on proving the other driver’s negligence. This can be a complex and challenging process, as insurance companies often work to minimize their payouts. A claim for a Miami motorcycle accident requires building a strong case from the very beginning.
Motorcyclists in Miami Can Sue for Pain and Suffering
In typical car accidents, Florida law restricts the right to sue for pain and suffering unless the injury is “serious” according to the legal definition. This requirement does not apply to motorcyclists, a vital difference that allows injured riders to seek full and fair compensation. You may be entitled to amounts for:
- Pain and suffering
- Emotional distress
- Mental anguish
- Other non-economic damages that impact quality of life
Why You Need a Miami Motorcycle Accident Lawyer
An experienced attorney knows how to manage the complexities of personal injury law, as well as the challenges of dealing with insurance companies. They can:
- Investigate the crash
- Gather crucial evidence
- Negotiate on your behalf to ensure you receive the full compensation you deserve
- Help you meet important deadlines, like Florida’s two-year statute of limitations
Reach Out to a Miami Motorcycle Accident Attorney Today
In addition to understanding no-fault laws, there are many other reasons you need experienced legal counsel after a motorcycle crash. The team at Gerson & Schwartz, P.A. has decades of combined experience fighting for the rights of injured riders. With offices in Miami, Fort Lauderdale, and West Palm Beach, we are ready to help. To schedule a free, confidential consultation to discuss your case, please visit us online or call (305) 371-6000.
