A person injured in a motorcycle accident must address many of the same questions as victims of motor vehicle accidents. Essentially the motorcycle operator faces three issues; how to obtain repair or replacement of the bike, who is responsible for payment of medical bills and lost wages and how to pursue a claim for personal injuries and damages against the at fault party. Let us take a few minutes to discuss each of these areas.
Whether it is a car, truck or motorcycle, property damage claims are addressed in much the same way. Our website contains a great deal of information that may be useful in explaining how to handle your property damage claim. Please take a few minutes to read over this information which will help answer many of the questions you may have concerning damage to your motorcycle.
Payment of medical bills and lost wages is more difficult for the victim of a motorcycle accident. For some purposes, Florida law does not consider a motorcycle to be a “motor vehicle.” We know as being an experienced motorcycle accident lawyer that our law does not require the owner of a motorcycle to purchase No-Fault Insurance, also known as Personal Injury Protection Insurance or PIP. In a motor vehicle accident, No-Fault is available to pay medical bills and lost wages regardless of who was at fault. Unfortunately, No-Fault does not cover the operation of a motorcycle. This means that if you have been injured in a motorcycle accident, your bills must be submitted to your general health insurance carrier. If you are not covered by health insurance, there may be other ways of making sure that the bills are paid or protected. It is best to consult with an attorney who is knowledgeable in handling motorcycle accidents to determine what your rights are.
A person injured in a motorcycle accident is entitled to be fully compensated for all of their injuries and damages suffered in the accident. Full compensation includes the recovery of economic damages, such as medical bills and lost wages, and non-economic damages like pain and suffering. The owner or operator of the motor vehicle that caused the accident, and his or her insurance carrier, is responsible for compensating you. Unlike bodily injury claims for the occupants of motor vehicles, it is not necessary for a person who has been injured while riding a motorcycle to prove that their injuries are permanent in order to receive full compensation.
A liability case arising from a motorcycle accident has a four year statute of limitations. With that in mind, it is best to wait until the injured party has received the benefit of all of the medical care they will require to make as good a recovery as possible before attempting to resolve the claim. When the injured party arrives at maximum medical improvement, the treating physicians will be able to project their long range prognosis, which helps determine the full value of the case.
Motorcycle accidents can be very complicated in part because of the unavailability of No-Fault coverage to pay medical bills and lost wages. The hardship that unpaid bills and lost income imposes on a motorcycle accident victim can be very serious. The rights of a victim can only be fully protected by an attorney who has the knowledge and skill in handling these unique cases.
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