Top Three Ways to Lose Your Motorcycle Accident Case
1. No Bodily Injury Liability Insurance Coverage
The first way to lose your motorcycle accident case is if the at-fault driver does not have bodily injury liability insurance. This coverage compensates for pain and suffering, out-of-pocket medical bills, and lost wages.
- In states like Florida, vehicles are often not required to carry bodily injury liability insurance.
- Your best-case scenario involves being hit by:
- An 18-wheeler (typically has $750,000 coverage).
- A corporate vehicle or rideshare vehicles like Uber or Lyft (up to $1 million coverage).
If the at-fault driver has insufficient coverage, look for your own uninsured motorist insurance (UIM) to cover medical expenses, lost wages, and more.
2. Minor Injuries or Lack of Medical Treatment
Your injuries significantly determine the value of your case. If your injuries are minor (e.g., neck pain, back pain), juries might not award significant payouts.
However, severe injuries like fractures, surgery, or brain trauma tend to result in higher settlements. For instance:
A client with a broken leg and finger requiring surgery settled their case for $445,000.
Ensure you seek prompt medical treatment and document your injuries thoroughly.
3. Fault Determination
To receive compensation, another party must be at fault. In Florida, partial fault does not disqualify you from recovering a percentage of damages.
For example:
- A motorcycle rider in Miami-Dade County settled a case for $445,000. If partially at fault (e.g., 50%), they would still receive $222,000.
Preserve evidence, like the event data recorder (EDR) or black box, for proof of the other driver’s speed and braking behavior.
FAQs
- What is bodily injury liability insurance? It covers pain, suffering, and medical expenses caused by the at-fault driver.
- Can I claim uninsured motorist insurance if the other driver lacks coverage? Yes, if you or a relative have UIM coverage on your vehicles.
- What if I'm partially at fault? In Florida, you can still recover damages proportional to the other party's fault.