A motorcycle crash can be financially devastating if the at-fault driver does not have insurance to cover the resulting expenses and losses. The absence of coverage does not necessarily mean financial disaster for you. If the other driver was uninsured in your motorcycle accident, you can file a claim with your own insurance for compensation or sue the driver directly.
In a motorcycle versus vehicle accident, you are more likely to suffer serious injuries than the occupants of the at-fault vehicle. A Miami motorcycle accident lawyer can guide you through your legal options. You can get the financial compensation you need and deserve with their guidance and direction. Most will review your case at no cost or obligation, clarify your legal options, and fight for your financial recovery.
You Can File An Uninsured Motorist Claim With Your Own Insurance Company
Unlike auto insurance, motorcycle insurance is not mandatory in Florida; however, you must prove financial responsibility. If you have motorcycle accident insurance that includes uninsured motorist coverage, you can get compensation even if the at-fault driver did not have auto insurance.
You can tap into your own insurance policy by:
- Promptly reporting the accident to your insurance provider
- Filing a claim according to the guidelines of your policy
- Obtaining a copy of your police report and other evidence
A motorcycle accident attorney can assist you with each step of filing your insurance claim. They can speak to the adjuster on your behalf and help you achieve maximum compensation.
Can You Sue An Uninsured Driver After A Motorcycle Crash?
If the at-fault driver in your motorcycle accident was uninsured, you can take legal action against them. To seek compensation, you will need to prove the following elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
While you can prove these elements on your own, a lawyer can help you effectively navigate the legal system. They can collect compelling evidence, file your lawsuit within the statute of limitations, and negotiate a fair settlement that lets you avoid going to court.
Understanding The Filing Deadline For Your Motorcycle Accident Lawsuit
Your motorcycle accident lawsuit is time-sensitive and must meet the required filing deadline for your state. Accordingly, in Miami:
- The personal injury statute of limitations is generally two years from the date of the accident, according to Florida Statutes § 95.11(4)(a)
- The wrongful death statute of limitations is generally two years from the date of a loved one’s demise, according to Florida Statutes § 95.11(4)(e)
Failure to meet the required filing deadline could put your right to recover damages at risk. If a lawyer represents you, they can file your lawsuit on time and in the appropriate Miami court.
Additional Benefits Of Hiring A Motorcycle Accident Attorney To Represent You
On your own, a motorcycle accident claim can be challenging. In addition to meeting Florida’s statute of limitations, hiring a layer also means you reap the following case-building benefits:
- Assess your recoverable damages
- Prove the at-fault driver’s negligence
- Prove the driver did not have insurance
- Take on your own insurer, if necessary
- Compile, sort, and organize evidence
- Speak with interested parties on your behalf
- Manage all case-related paperwork
- Provide ongoing updates on your case
- Negotiate a favorable monetary settlement
Most motorcycle accident cases settle out of court. If yours proceeds to trial, your lawyer will represent you and advocate for the fair compensation you deserve. They can prepare your case and investigate the uninsured driver’s financial circumstances.
The Cost Of Hiring A Motorcycle Accident Lawyer In Miami, Florida
Hiring a motorcycle accident lawyer requires no upfront costs, as most work on a contingency fee basis. Motorcycle accident lawyers typically work on contingency and are only paid when you get compensation. If you do not receive a settlement or verdict, you will not owe the lawyer or the law firm any legal or attorney’s fees at all.
Types Of Compensation Injured Motorcycle Accident Victims Can Recover
An effective motorcycle accident claim or lawsuit fairly and accurately compensates you for your recoverable damages. Recoverable economic (tangible) damages can include:
- Past and future treatment expenses, including rehabilitation, therapy, surgery, medications, and all other required medical care
- Past and future loss of wages, including lost income from full- and part-time jobs and business losses
- Property damage, including repairing or replacing your motorcycle or compensation for its diminished repair value
Medical bills, pay stubs, and other financial records will help establish their monetary value. Your lawyer will collect these items as they build your evidence collection.
Recoverable Non-Economic Damages
You can also recover non-economic (intangible) damages that can be hard to prove on your own. They typically include compensation for:
- Physically disabling injuries
- Physically disfiguring injuries
- Ongoing pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
Medical records and a written prognosis that describe the toll of your severe injuries and the care you will require in the future will support this portion of your injury claim. Your attorney will compile this tangible proof of your intangible damages.
Seeking Compensation After A Fatal Motorcycle Accident In Miami
After the loss of a loved one in a fatal motorcycle accident, a lawyer can accurately calculate your recoverable wrongful death damages, including:
- Funeral and burial expenses
- Loss of the decedent’s income
- Loss of their domestic services
- Loss of consortium and guidance
- Loss of companionship and support
While your family focuses on caring for each other, your lawyer will collect the evidence you need to prove the validity and monetary value of your case.
Speak With A Miami Motorcycle Accident Lawyer About Your Case Today
If the other driver was uninsured in your Miami motorcycle accident, you can get compensation with an uninsured motorist claim or a personal injury lawsuit. Our motorcycle accident lawyers can handle the legal side of things for you so you can focus on getting better.
Learn more about your compensation options with a free claim review. Contact our consultation team at the Law Offices of Anidjar & Levine to get yours today.
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