The Process for Filing a Motorcycle Accident Claim in Florida

Filing a motorcycle accident claim

Did you suffer injuries in a motorcycle accident in Florida? For many victims, recovering fair compensation from the insurance company can be crucial to cover medical expenses and other crash-related losses. Knowing how to file a motorcycle accident claim in Florida is the first step in pursuing the money you deserve. The process is complex, but it’s not one you have to go through alone.

An experienced motorcycle accident attorney from Zimmet & Zimmet can explain what to expect during the claims process and what it takes to build a solid case. Our law firm has a 50-year history of serving injured people in Daytona Beach and the surrounding communities. We are a client-first legal practice, focused not only on seeking maximum compensation but also on improving your quality of life.

Call or contact us today for a free consultation.

Ensure Safety and Seek Medical Attention

Prioritize your safety and health after a motorcycle accident. Call 911 to report the crash to enforcement and get medical assistance. Move yourself and your motorcycle onto the shoulder to reduce the risk of secondary collisions if possible. If you see another injured person, assist them if you can, but don’t walk into oncoming traffic or risk additional injuries.

Always seek a medical professional, even if you don’t feel hurt. Some severe injuries, such as internal injuries, have a delayed onset. Prompt medical treatment may be life-saving or prevent complications.

Document the Motorcycle Accident Scene

Strong evidence is a building block of a solid motorcycle accident case. Florida law requires you to share your name, address, your vehicle’s registration number, and driver’s license with anyone involved in the crash and the investigating officers. Get the same information from every other driver, as well as their insurance details.

Next, try to document the accident scene by:

  • Taking photos or video of the damage to your motorcycle, your injuries, and the position of all vehicles involved in the collision. These images can help your lawyer piece together what happened in the crash and determine who bears the blame.
  • Look for traffic or surveillance cameras. Their footage can provide a factually objective perspective on the collision.
  • Ask witnesses for their contact details. Their statements can provide an unbiased account of what happened when you file a motorcycle claim.

Consult a Florida Motorcycle Accident Attorney

Now it’s a good time to talk to a Daytona Beach motorcycle accident lawyer. Tell the attorney what happened in as much detail as you can remember. Share any evidence from the scene to give them a starting point for understanding what happened and who may be liable for your injuries.

During your consultation, the attorney can discuss the motorcycle accident claim process and how they can assist you.

Determine Liability

To recover motorcycle accident compensation, you have to identify the party(s) responsible for the crash. You must present robust evidence showing whose negligence caused the crash and the injuries sustained.

Liability is not always clear-cut. Sometimes, multiple parties, such as drivers or government entities, may share responsibility for a wreck. This is where a skilled motorcycle accident lawyer can help. Identifying all liable parties may increase the total compensation available to you.

Another complicating factor in cases of shared fault is Florida’s comparative negligence law. Under this rule, the court looks at the evidence and decides how much fault each person shares in the crash — including you. Your compensation is then reduced by the percentage of fault attributed to you. For example, if you’re found 20 percent at fault in a $100,000 case, you’d receive $80,000. But if you’re more than 50 percent at fault, you can’t recover anything. A motorcycle accident lawyer can advocate on your behalf to resist efforts by the insurance company to place an unfair share of the blame on you.

Identify the Available Insurance Coverage

Once your attorney has determined who is at fault for your injuries, they will investigate what insurance policies might cover their cost. Florida law requires most drivers to carry no-fault Personal Injury Protection (PIP) insurance. Drivers use their own PIP benefits to pay for their medical care and lost wages.

Unfortunately, PIP does not cover motorcyclists, and Florida does not require drivers to purchase bodily injury liability (BIL) insurance to pay for the medical costs of accidents they cause. Some drivers may purchase BIL to protect themselves from being personally liable for an accident.

A large part of your attorney’s job is to identify insurance policies that cover the harm you suffered and to determine the financial extent of that coverage. This could include the driver’s BIL insurance, as well as any first-party benefits available to you through your own policy, such as MedPay or uninsured or underinsured motorist coverage (UM/UIM).

Calculate Damages

Damages is the legal term for compensation in personal injury cases. An experienced attorney can use your medical records, financial documents, expert testimony, and other evidence to illustrate your financial, physical, and personal losses. Your claim could demand compensation for:

  • Current and future medical bills
  • Lost wages
  • Reduced earning potential
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life

Many victims inquire about the average compensation claim amounts for motorcycle accident cases. Unfortunately, there’s no guarantee of how much compensation you might receive. However, your lawyer can provide an estimate and work to recover full and fair compensation that addresses your past and future needs.

File a Motorcycle Accident Claim

Once your attorney places an estimated value on your case, they can file your motorcycle accident claim with the appropriate insurer(s). They will send a demand letter explaining why the policyholder(s) are liable for your injuries and how much money they should pay to make things right. In Florida, you have two years from the date of a motorcycle accident to file your claim.

Settlement Negotiations

Most motorbike accident claims end in out-of-court settlements. Your lawyer can negotiate with the responsible parties to try to reach a settlement that provides fair compensation in exchange for you agreeing not to pursue further legal action. Rest assured that your lawyer can advise you through this phase, but you ultimately decide whether to accept a motorcycle accident settlement offer or not.

Motorcycle Accident Lawsuit and Trial

Most motorcycle accident cases settle, but if negotiations break down, they may proceed to trial. If you file a personal injury lawsuit and go to trial, your lawyer will handle all necessary preparations, such as filing court motions and building legal arguments to present before a judge or jury. Trials can take longer and carry more risk than settlements, so it’s important to carefully discuss your options with your attorney before making a decision.

Contact Our Motorcycle Accident Attorneys Today

For five decades, Zimmet & Zimmet has helped Florida accident victims recover millions in compensation in various types of injury cases. If you suffered serious injuries in a motorcycle accident, let us handle your claim. Call now or complete our contact form for a free consultation with a knowledgeable motorcycle accident attorney.