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Motorcycle Accident Victims – What are Their Rights?

Categories:Motorcycle Accidents

The consequences of a motorcycle accident are often more severe than passenger car accidents because motorcycle drivers and riders have limited protection. This is true wherever you ride in Florida. If you’ve been injured while riding on or operating a motorcycle, you need the services of an experienced Florida motorcycle lawyer. We have offices in Tampa. Lakeland and Winter Haven.

The rights of victims vary depending on the following factors:

  • The Type of accident
    • An accident involving only one motorcycle – such as when the driver is going too fast and the motorcycle falls over.
    • An accident with another motorcycle
    • An accident with a vehicle.
    • Who was hurt
      • Driver
      • Passenger
      • Who was at fault
        • You
        • Someone else

The basic types of benefits available in motorcycles accidents are

PIP benefits (Medical bills and lost wages)

  • If the motorcycle owner has PIP, then you can get some of your medical bills and lost wages paid through the motorcycle owner’s PIP insurance.
  • If you have your PIP insurance (through another vehicle you own), then you can get some of your medical bills and lost wages paid through your own PIP insurance.
  • Motorcycle operators are not required to have PIP insurance. It is recommended.
  • PIP benefits do not require a showing of fault.

Bodily injury (BI) benefits (Medical bills, lost wages and pain and suffering)

  • If the other person was at fault and they have BI insurance, then the other person’s insurance pays up to their insurance policy limits
  • If the at-fault person doesn’t have bodily insurance or they didn’t have enough insurance (low policy limits), then you can collect from your own UM insurance – if you have UM insurance. UM means uninsured or uninsured insurance.
  • BI benefits require a showing of fault.
  • Owners of passenger cars are required to have BI insurance
  • Motorcycle operators are not required to have BI insurance. It is recommended.
  • UM insurance is not required. It is recommended.

Property damage (damage to the motorcycle)

  • If another car was at fault, you get property damage up to the policy limits of the at-fault owner’s property damage insurance policy.
  • If another motorcycle was at fault and if the other motorcycle owner had property damage insurance you get property damage up to the policy limits.
  • Owners of passenger cars are required to have property damage insurance
  • Motorcycle operators are not required to have property damage insurance. It is recommended.

How our law firm can help?

If anyone you know is a victim of a motorcycle accident let our law firm help you understand your rights and get the recovery you deserve. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: [email protected].


2002 5th Avenue, Unit 101Tampa, FL 33605
(813) 242-9200
625 Commerce Drive, Ste 203Lakeland, FL 33813
Winter Haven
123 First Street NWinter Haven, FL 33881
Winter Haven
1401 Havendale Blvd NWWinter Haven, FL 33881