Recoverable Damages in Orlando Motorcycle Accidents
Motorcyclists are most at risk of serious injury in a car accident. Motorcycles are smaller than cars, which creates certain difficulties on the road (for example, reduced visibility for all road users). The injured driver of a motorcycle has the right to motorcycle compensation in Orlando under several conditions. A motorcyclist also has the right to recover additional compensation under Florida law.
Recoverable Damages in Orlando Motorcycle Accidents
Filing motorcycle accident claims in a timely manner will allow the driver of the vehicle to receive recoverable damages in Orlando motorcycle accidents, including:
- payment of medical bills;
- physical therapy expenses;
- loss of wages;
- loss of movable property;
- pain and suffering.
When making motorcycle accident claims, the injured motorcyclist is entitled to recover non-economic damages and economic damages. Under certain circumstances, it is possible to get additional compensation for punitive damages from the at-fault party in a motorcycle accident. Orlando’s damage liability criteria are based on the degree of fault of the party involved in the accident.
Calculating Losses After a Motorcycle Crash
Although motorcycle drivers are not covered by the Motor Vehicle Injury Protection Act, it is recommended that they carry PIP insurance, which offers at least $10,000 worth of damage liability coverage. Typically, motorcycle drivers also have passenger cars that are covered under PIP or PDL insurance. This insurance coverage can be used as a requirement for recovering damages after an Orlando motorcycle crash. Insurance companies must accept such claims even though the original damage liability covers cars or trucks. Having PIP insurance can help you recover up to 80% of the costs associated with non-economic damages or economic damages. If you have motorcycle insurance (not including the car) for $10,000, you can ride the vehicle without a helmet. In other cases, the presence of a helmet is mandatory; if you don’t wear one, you will be fined. However, there is an exception to the rule: If you are under 21, you must have a helmet at all times, even if you have PIP insurance for your motorcycle. Otherwise, it will be impossible to receive compensation.
Determining When to Pursue a Lawsuit for Damages
It is advisable to file a claim for the consequences of a motorcycle accident within four years from the date of the accident. You can start filing a claim when you are admitted to the hospital or when you received an expert opinion on the property (motorcycle) damage. In pre-trial proceedings, you can claim from your insurance company. If the insurer does not agree with the amount, you will need to file a lawsuit with the county or state board of judges. You can only sue for excess economic damages in a court in Orlando.
Recoverable Damages FAQs
Our lawyers have prepared a block of FAQs about recoverable damages in a motorcycle accident. You can always call our lawyer for advice if you don’t find an answer to your question.
What insurance coverage is required for motorcycle riders in Orlando?
Having insurance coverage is not a requirement for motorcycle riders in Florida. Generally, motorcycle owners have cars that can cover damage liability under PDL insurance of at least $10,000. Calculations of a motorcyclist’s fault in an accident will be made under Florida’s comparative negligence rule.
What types of damages are recoverable?
Because a motorcyclist is a full participant on the roadway, he or she can expect to pay economic or non-economic damages in an accident. The amount of coverage is determined by the applicable insurance standard. In addition, the injured motorcyclist has the right to claim additional compensation on the grounds of “punitive damages.” In the latter case, the amount of damages is determined by the court. In other cases, there is a possibility of a pre-trial appeal to an insurance company where one also needs to file a compensation claim.
Do injured motorcyclists have access to no-fault benefits?
Florida’s comparative negligence rule applies to motorcyclists as well. In this case, your degree of fault will be determined and then the appropriate compensation will be awarded. Let’s take, for example, a situation in which you claim $185,000 in compensation after calculating your damages. The examination shows that your degree of fault is 26%. In this case, you could receive $136,900. However, if your degree of fault is more than 50%, the compensation payment is zeroed out. Along with this, you need to consider the circumstances of the accident and the provisions of the insurance certificate, where you can expect to receive the minimum compensation benefits. Contact our consultant and get an explanation of this issue.
What types of damages are recoverable in a lawsuit?
The amount of excess economic damages can be claimed in a lawsuit if the coverage amounts exceed the minimum value of $10,000. You can also claim “punitive damages” from the person who caused the accident in court only. The minimum coverage under the insurance can be obtained without filing a lawsuit in court, that is, directly from the insurance company. However, many insurers will accept the amounts stated by the injured party (often low). If you contact our lawyer, he or she can help you properly calculate your car accident settlement amount and draft your claim.
Why Are Motorcycle Accident Claims Different in Orlando?
Depending on the circumstances of the accident, a motorcyclist may file a motorcycle accident claim, and motorcycle accident victims’ claims may have some differences in Orlando. Motorcycle drivers are not required to have insurance. This issue is regulated by Florida law. However, compensation payments and indemnities can be obtained with other types of insurance. Beyond that, there is a significant difference between having and not having insurance:
- Drivers under the age of 21 are required to have separate motorcycle insurance;
- drivers under the age of 21 are required to have a helmet;
- drivers over the age of 21 who have PIP insurance on a motorcycle do not have to use a helmet while driving;
- drivers over the age of 21 who do not have separate motorcycle PIP insurance are required to wear a helmet while driving;
- all motorcycle drivers are required to have a license to operate a motorcycle.
Therefore, claims for reimbursement may differ depending on the circumstances of the motorcycle accident.
Additional Recommended Insurance Options for Motorcyclists
Insurance companies offer a variety of insurance programs to motorcyclists. Although there is no requirement for a motorcyclist to have insurance coverage, we recommend looking at the following insurance categories:
- equipment coverage;
- towing costs;
- rental reimbursement;
- coverage for a transport trailer;
- GAP asset protection insurance;
- first accident waiver, etc.
There are many insurance options. In the event of an automobile accident, you may be covered for more than your PIP or PDL insurance.
Get a Free Consultation
If you’ve been in a motorcycle accident and you’re concerned about your compensation and benefits, contact our attorney for an initial free consultation. You can submit your case and our lawyer will contact you after we review your case in detail.
References and Resources:
https://www.rideapart.com/reviews/482016/motorcycle-insurance-florida/
https://www.floridapersonalinjurylawteam.com/auto-accidents/orlando-motorcycle-accident-attorney/
https://toddminerlaw.com/personal-injury/motorcycle-accidents/
https://www.dolmanlaw.com/motorcycle-accident-lawsuit-timeline/
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