The law pertaining to motorcycle accidents in this state is very unique and different than many other types of accidents. Under Florida Law, a motorcycle is not considered a motor vehicle.
The effect of this essentially means there is no personal injury protection/no fault insurance covering one’s motorcycle. This in contrary to having an accident while in an automobile, wherein 80% of your medical bills, and 60% of your wage loss, will be covered by your own automobile insurance company, up to $10,000 in coverage. Therefore, unless you have a specific insurance policy on your motorcycle which covers payment of your medical expenses, you will likely be 100% out of pocket on all your medical bills. Consequently, these bills will remain outstanding until you have completed your medical treatment and settled your case.
Another difference in the law when it comes to motorcycle cases is in the tort threshold requirements. Quite simply, unlike automobile cases, motorcycle claimants are not subject to the permanent injury threshold requirements of the Florida statutes. What this really means is that you do not have the burden of proving by the greater weight of the evidence that you have sustained a permanent injury in order to be able to recover damages for pain and suffering, inconvenience, loss of the enjoyment of life, the so-called intangible elements of one’s damages.
Injuries sustained while riding a motorcycle are also usually not the same as when occupying a motor vehicle. Obviously one has a lot less protection on a motorcycle rather than in an automobile. This is true not only from a structural standpoint, but also in the fact that there are no available seatbelts or air bags which might protect you from sustaining further serious injuries. The fact that most motorcycle riders are usually ejected off the bike only increases the likelihood of being seriously injured. If you are looking for an experienced Daytona motorcycle accident injury attorney, please contact us today!