January 4, 2022

Motorcycle accident without insurance in Florida

Motorcycle accident without insurance in Florida. Can I file a personal injury claim?

 

Florida is a “no-fault” state, which means that you have to carry at least $10,000 in Personal Injury Protection (PIP) insurance coverage. The caveat is, that requirement only extends to operators who drive a vehicle with four wheels.

If you own a motorcycle in the state of Florida, you do not have to purchase insurance, though it is highly advisable to do so. If you are in an accident due to the negligence of another driver, then you have every right to file a personal injury claim even if you do not have PIP coverage.

That’s irrespective of the fact that you don’t have any insurance coverage at the time of the motorcycle accident. Florida’s no-fault law doesn’t apply to motorcyclists, so if you’re seeking damages in the Tampa Bay area, it’s important that you contact the Law Office of Personal Injury Attorney John C. Murrow as soon as possible for a free consultation.

John C. Murrow is a motorcycle accident attorney operating in the Tampa area and helping you deal with the financial aftershocks of a motorcycle accident is a primary focus of his law firm.

Motorcycle accident without insurance in Florida. Can I file a personal injury claim?

What Are Your Options with No Motorcycle Insurance Coverage?

Another important aspect of Florida’s no-fault law is that you don’t need to meet any kind of injury threshold, something that applies to standard motor vehicles. Not having insurance should have no bearing on whether or not you can file a claim or file a lawsuit.

Even if you have been in a previous accident and were required by law to obtain motorcycle insurance—and then didn’t do so—you still have the leeway necessary to file a claim against the at-fault driver who caused the accident.

If you are injured in a motorcycle accident through no fault of your own, and you are able to, the first thing you need to do is call for emergency services. The second thing you need to do is begin documenting everything.

  • Get the contact info of any and all witnesses
  • Take photos of everything, even if it seems minor or trivial
  • Write down everything that happened
  • Contact Attorney John C. Murrow

If you decide to file an injury claim, the last bullet point needs to be done as soon as possible. Even if the accident was through no fault of your own, you will have several things working against you from the start. The right law firm will help ensure you hold the at-fault driver accountable.

Motorcycle accident without insurance in Florida

What You’re Up Against

Motorcyclists already have a certain level of animosity working against them straight out of the gate. Motorcycle bias is a well-known factor when motorcycle accidents happen, even amongst law enforcement.

It’s very similar to Pit Bulls. While the vast majority of Pit Bulls and Doberman Pinschers are perfectly wonderful and loving dogs, the actions of a few have relegated all of them to a status of feared and dangerous.

Many people are biased against motorcycles from the outset for a variety of reasons:

  • Motorcycles are dangerous
  • Motorcycles are loud
  • Riding a motorcycle is already risky
  • Motorcycle riders are reckless
  • Motorcycle riders drive too fast

These are all baseless assumptions that have little to do with reality. However, these claims are irrevocably tied to motorcycle drivers so there is a level of bias against motorcycles right from the start.

This is the first aspect you will have to overcome if you were involved in a motorcycle accident.

Like the Pit Bull and Doberman example from above, people have a predetermined bias against motorcycles. You would be surprised at the types of people who feel that way, as they include police officers, judges, and insurance company adjusters, all of which you need on your side.

That bias also stems from how loud a motorcycle is. Most state laws have limitations on how many decibels a vehicle can emit, a number which is absolutely blown away by a motorcycle. For that silly reason alone, people have an implicit bias against them.

Lastly, there’s always the impression that motorcycle riders drive too fast and recklessly. Of course, some do, just like any other reckless driver. It just happens to be more noticeable and memorable when you see reckless driving on a motorcycle.

Motorcycle accident without insurance in Florida. Can I file a personal injury claim?

What Attorney John C. Murrow Can Do For You

If you need a Tampa personal injury lawyer that will be an active and engaged proponent for your position and is dedicated to dealing with motorcycle bias, John C. Murrow is the advocate you’re looking for.

The most important aspect of an injury claim is proving negligence from the other driver. As your personal injury attorney, John C. Murrow will fight back against motorcycle bias and focus on what matters.

  • Eyewitness reports: Locate witnesses that can bolster your claim with accurate testimony as to what took place in your motorcycle accident.
  • Driver negligence: As aforementioned, driver negligence needs to be proven and if the driver can be held responsible for any number of irresponsible actions that contributed to the accident, your claims are bolstered.
  • A Fair Settlement: Not only do you have to prove the negligence of the other driver, but you also need a fair settlement for your injuries, loss of time at work, financial repercussions, hospital costs, medical bills, rehabilitation costs, pain and suffering, and other expenses associated with the accident.
  • Comparative negligence: If a judge finds that you are partially responsible for the accident, your percentage of responsibility will be deducted from any compensation for your injury. This is why you need a competent and aggressive attorney that can reduce or eliminate comparative negligence on your part.
  • Adjuster Negotiation: You are seeking a positive outcome from both the insurance companies involved as well as the judge in your injury claim. You will need a strong advocate who is willing to negotiate from a position of strength on your behalf.

John C. Murrow has been practicing law in the Tampa area for the better part of two decades. No one is more familiar with state and local laws, as well as being familiar with the people who will matter in your case.

Motorcycle accident without insurance in Florida

What If You Are Partially at Fault?

Florida is a Comparative Negligence state, meaning that you can receive compensation for personal injury, but might lose some level of that compensation due to your own negligence—or rather, the percentage of your negligence counted against you.

Whatever your compensation, if you are judged to be 35% negligent, then your level of compensation sinks to 65%. So it is in your best interests to keep your number as close to 0% as humanly possible.

There are a lot of factors that can go into that as well, such as if the defendant argues that your injuries may not have been as severe if you had your headlight on at dusk, or were wearing a motorcycle helmet.

These are the kinds of subtle nuances you will be forced to answer against if you file a claim and you will need an aggressive attorney to mitigate any and all claims that are contrary to your position. A free case evaluation with motorcycle accident attorney John C. Murrow can help you understand your situation better.

 

All Things Considered

The only thing that a motorcycle rider has going for them—when it comes to filing a personal injury claim—is that a motorcyclist doesn’t have to meet a specific bar when it comes to sustained injuries.

Outside of that, you’re working against the existing and prevailing bias that exists against those who choose to ride motorcycles and the best thing that you can have going for you is to have John C. Murrow arguing your case and defending your right to compensation for personal injury.

Disclaimer

The blog published by John C. Murrow Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.

PRACTICE AREAS

Attorney John C. Murrow

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After the car accident, your body hurts, you can’t work, you have numerous questions but don’t know what to do. Consulting attorney John C. Murrow can answer those questions.

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Slip And Fall

Slip and Fall accidents can happen when one least expects it and can result in severe injury. Every case is different and we can quickly determine whether a compensable claim exists.

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Like motorist and boating accidents, cyclist and pedestrians are susceptible to injury from other motorists often resulting in serious injury. Please contact our office for a free consultation.

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Providing informed consent to the healthcare provider does not excuse medical malpractice. If you think you may have been harmed by medical malpractice, please contact us.

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Motorcycle Accident

Motorcycle accidents can cause minor to severe injuries and often death. If you, or a loved one, have experienced a motorcycle accident it is important to have legal representation immediately.

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Trucking Accident

Accidents with commercial trucks and tractor-trailers raise different issues than normal automobile accidents. Mr Murrow understands the rules and regulations involving tractor-trailers.

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Often, policy holders think there is no recourse when the insurance company denies or underpays the claim. Call our office for a free consultation regarding any insurance dispute.

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If you have been injured by an unsafe product, you may have a case against those who designed, manufactured, sold, or furnished it. We will pursue the best potential recovery.

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Florida Statutes provides a guideline on how the claims are submitted and paid. Often, insurance companies fail to pay the bill, fail to pay the bill properly, and fail to pay the bill timely.

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John C. Murrow is one of the pioneering attorneys for assisting windshield repair and replacement businesses against insurance companies so the windshield business is paid fairly.

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