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.
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.
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.