How Does Florida’s No-Fault System Work?
The state of Florida operates under the no-fault insurance system. Under this system, if a cyclist is injured in an accident with a motor vehicle, they will turn to their insurance provider to file a claim for damages, regardless of who was at fault for the crash. Every driver in Florida is required to carry Personal Injury Protection (PIP) insurance coverage. The state requires motorists to have a minimum of $10,000 in coverage. This coverage will also apply to cyclists who are involved in an accident with a motorist, even if the cyclist doesn’t own a car. Personal Injury Protection insurance will pay for 60% of lost wages and up to 80% of medical bills, up to the policy’s limits.
Handling the Insurance Company
Dealing with a claims adjuster after an accident can be overwhelming and complex. When you’ve been involved in an accident, you must contact your insurance company as soon as possible to report the incident. Keep in mind that you don’t have to accept the insurance company’s initial settlement offer, although you do have to cooperate with the claims adjuster throughout the settlement process. If you were involved in an accident due to a negligent driver, you may have the option to also file a claim with the driver’s insurer.
Can I File a Lawsuit After a Bike Accident?
To step outside of Florida’s no-fault system and file a lawsuit against the at-fault party, the injuries you suffered must meet the state’s serious injury threshold. This means that the injuries you sustained must cause death, or a permanent injury within a reasonable degree of medical probability, or the significant and permanent loss of an important bodily function.
What Damages Can I Recover If I File a Lawsuit?
If your injuries are severe, you must take legal action as soon as possible to hold the negligent party accountable. Your attorney will review your case and determine which damages you should pursue.
The damages you’re entitled to will depend on the circumstances surrounding your accident, such as the severity of your injuries, your level of fault, your prognosis, how much time you missed at work, and other variables.
In some cases, a bike accident victim can recover the following types of economic and non-economic damages:
- Pain and suffering
- Past and future medical care costs
- Lost wages
- Property damage
- Loss of earning capacity
- Loss of quality of life
- Emotional distress
And more.
If you sustained life-changing injuries, your attorney may consult with experts, such as medical specialists, life care planners, economists, and more, to accurately value your damages and ensure you’re able to continue to receive vital medical care that can aid in your recovery now and in the future.
How Can a Bicycle Accident Attorney Help?
If you were seriously injured in a bicycle accident due to a negligent driver, a bike accident attorney on our legal team can help you file a claim with the other driver’s insurer or file a personal injury lawsuit to recover compensation.
During this challenging time, a bicycle accident lawyer can also help by:
- Negotiating with the insurance company
- Gathering and analyzing evidence
- Establishing fault
- Filing a claim
- Negotiating with insurance companies
- Filing a lawsuit, if necessary
- Representing you in court
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