Motorcycle riding is a popular pastime in Florida. We are built for it. The riding season never ends, smooth clean pavement (no salted pot-holed roads here!) and where else besides the FL Keys can you ride and enjoy both the Gulf breeze and the breeze off the Atlantic simultaneously. We know that you are careful and have the insurance needed to protect yourself and others. You do your part and expect that insurance company to work with you if something goes wrong. However, insurance companies often treat motorcycle accidents differently than other accidents.
Getting an insurance payout after you’re hurt in a motorcycle crash might be harder than you think. Insurance companies don’t treat all claims or policyholders equally. Often, motorcycle riders have to deal with push back and red tape that an injured car or truck drivers don’t. Why? Because the insurance adjuster thinks as a biker you’re likely a risk-taker and assume you contributed to the crash.
To make sure the insurer handles your claim fairly, we encourage you to contact a Florida motorcycle accident attorney right away. Our Motorcycle Team at Rubenstein Law is here to fight for your fair compensation. You can reach us 24/7 via text using the button on the screen or by calling 800-FL-LEGAL (800-355-3425) for a free consultation. No upfront costs or fees, we only get paid when you do.
The Myth of Bikers as Risk-Takers Affects Your Claim
There are many pervasive cultural stereotypes about bikers. While we know that you take precautions and are careful, not everyone sees it that way.
People—and insurance adjusters—may assume if you’re riding a motorcycle, you’re likely to speed, run a stop sign, or bob in and out of traffic. It’s a stereotype that’s far from the truth. Most bikers are well-aware of the risks and take steps to be proactive and avoid crashes even as they are surrounded by distracted drivers.
The myth of the reckless biker might be unfair, but it can still affect your insurance claim. An insurance adjuster might take a poor view of motorcycle riders and look for facts that support allegations showing you were negligent. They can overlook evidence that shows you acted safely, and the other driver didn’t. An adjuster with this attitude is not objectively investigating your claim.
If you don’t prepare for this bias, the insurer could end up unfairly and incorrectly denying your claim or offering you a low settlement. By working with an experienced motorcycle accident lawyer from the beginning, you will have the best chance of proving that you deserve robust compensation because the other driver was negligent.
Pursuing an Insurance Claim in a No-Fault State
Florida is a no-fault state, and the state requirement is only to carry $10K in PIP, which does not cover much if injuries are even a little bit serious. Studies by the Insurance Institute estimate that 18-22% of FL drivers have no insurance and another 18-25% are underinsured.
This can complicate things for a motorcycle rider injured by a negligent driver who is either uninsured or underinsured. You may be able to recover through your own Uninsured Motorist (UM) policy, but it is difficult to secure the compensation you deserve if the at-fault driver has limited assets and lacks the proper insurance coverage.
If you or a loved one were injured, let us assess your situation and identify the best way to pursue compensation.
Prepare to deal with an unfair stigma surrounding bikers whether you’re dealing with a claim with one or two or more insurance companies. You’d think your own insurance company would be more than willing to pay out on your claim. But even your insurer might look for proof you were fully or partially at fault in an attempt to deny your claim or limit their payout.
Comparative Negligence in Florida
Comparative fault is a legal issue that comes up when the other party claims you were also at fault for the crash. An insurer might investigate the issue if the other driver brings it up, or the insurer might look for evidence of your negligence on their own.
The reason your insurer looks for evidence of your negligence is comparative negligence reduces your compensation. Under Florida’s pure comparative negligence rule, your compensation is reduced by your portion of responsibility. If you’re 10% at fault, your compensation is cut by 10%. If you’re determined to be 75% at fault, you only receive 25% of your damages.
It helps your insurance company to determine you were partially responsible for the crash. They can pay you less. To make sure you win a fair compensation, pick a lawyer for your team with experience fighting back against claims you were negligent based purely on biased opinions of bikers.
Let an Experienced Motorcycle Accident Lawyer in Florida Help You
We recommend any biker hurt in an accident to talk with an attorney right away. You should have help from the beginning of the insurance claim process through to the end. We will scrutinize the cause of the crash. This independent investigation might uncover evidence the insurance company overlooks. It also helps us fight back against inaccurate conclusions, including if your insurance company claims you were careless and contributed to the collision.
Another way we can help is by being on the lookout for unfair treatment by your insurer. We’ve seen how insurance companies handle biker’s claims. Sometimes, an adjuster goes to great lengths to blame the biker instead of placing responsibility where it’s due—on a negligent driver.
To learn more about how we can help you after a motorcycle accident, call us at 800-FL-LEGAL (800-FL-LEGAL), we are here 24/7. All l consultations are free. Remote and virtual appointments are available. No costs or fees unless or until you win money.
**En Rubenstein Law, casi todos nosotros hablamos español con fluidez. Si Español es su idioma de preferencia, nosotros con mucho gusto le proporcionaremos todos sus documentos y correspondencia en Español. At Rubenstein Law, almost all of us speak Spanish fluently. If Spanish is your preferred language, we will gladly provide you with all your documents and correspondence in Spanish.