One of the most fact scenarios in a motorcycle accident is when a motorcycle is driving down the road and another vehicle pulls out from a side street and crashes into the motorcyclist. Typically, the driver looks right through or past the motorcyclist because he is looking for a car or truck instead of a bike.
Florida is a no-fault state, what is the difference between fault and no-fault when it comes to motorcycle accidents?
In Florida, motorcycles are not required to carry PIP (Personal Injury Protection) no-fault benefits. As you may recall, PIP is available to pay up to $10,000 of medical expenses or wage loss as a result of an automobile accident whether you caused the accident or not.
In Florida, if a motorcyclist wants no-fault coverage, he has to buy PIP or medical payments insurance as an additional rider on the the motorcycle insurance policy. Typically, PIP insurance follows you from vehicle to vehicle, this is not the case when it comes to motorcycles, so you must consider purchasing medical coverage to protect you if you own a motorcycle.
If the Driver’s insurance company says the accident was my fault, can I still have a claim?
All accidents depend on the facts and circumstances of the event. The other driver’s insurance adjuster may be looking at the crash report when making a liability decision, and often accident reports have errors or are completely wrong. If you were severely injured, you should believe what the other insurance adjuster says, you should consult an attorney, so that he can investigate the circumstances of the crash.
As for the Florida standard crash report, remember that most of the time, the police officer did not witness the accident, and sometimes they do not put the time and energy into investigating the crash.
I had a case a few years ago that happened around 10 p.m. My client was really injured and the crash report had the client at fault for the crash. One day, I observed the accident scene for a half-hour or so, and realized that the deputy sheriff had everything backwards. The crash report was 100% wrong.
Should I Take Pictures at the Scene and can they be Used to Support My Claim?
Of Course! In fact, you or someone else at the scene should take as many photos as necessary to fully document the scene and the vehicles involved in the crash. In trial, if a photo fairly and accurately shows what it pictures, it is admissible unless it is so gross that it would prejudice the jury.
Why Should I Hire A Leesburg Motorcycle Accident Lawyer After a Crash?
The first reason is that the insurance company has investigators and lawyers to work against you and attempt to protect their insured. If you hire a lawyer, she will protect your legal interests, protect you from making mistakes that can ruin your claim, and preserve the evidence that is required to prove your claim.
Sometimes, insurance companies don’t play fair, and with a lawyer you will create a more level playing field. If you’re involved in a motorcycle accident, just sprained your neck, and your medical expenses are only a few thousand dollars, you may want to handle your own case.
On the other hand, if you were severely injured in the accident, you will need to hire a motorcycle accident attorney. In motorcycle accident claim, you not only have to worry about the other insurance company, you also have to worry about members of the jury. A typical juror believes that if you ride a motorcycle that you are reckless so you go into the case with a general bias against your claim. From the beginning, it is important that you show that you are not the typical “motorcyclist” and you are all about safety. Remember, if you want to be successful in your claim, you have to frame the issues to your strengths.
If you have any questions about a Leesburg, Florida motorcycle accident, call 352-329-0329.