In Florida, the state’s no-fault auto insurance laws do not apply to motorcycles or motorcycle accidents. This means if you were in a motorcycle crash, you can pursue a claim against the at-fault driver no matter the seriousness of your accident injuries. While this makes it easier to hold a liable driver financially responsible for their actions, it is sometimes more difficult to file this type of claim and recover the compensation you deserve.
The attorneys at the Law Firm of Anidjar & Levine can help you identify the at-fault party, file an insurance claim, and get the payout you need to cover your medical bills, lost wages, pain and suffering, and other damages. Call our office today at 800-747-3733 to schedule a complimentary meeting with a motorcycle accident lawyer in North Miami.
How Can I Recover Compensation After a Motorcycle Crash?
In most cases, we can recover the compensation you deserve from the at-fault driver by filing a third-party liability insurance claim based on their auto insurance policy. We file the claim and present all available evidence to prove your case. Then, we attempt to negotiate a fair settlement with the insurance company.
This is usually successful because of the lengths we go to in order to prove your case. We have a large network of researchers, investigators, accident reconstructionists, and other expert witnesses who identify, collect, and organize evidence for each case we work. This allows us to approach the insurance company with a well-documented demand for compensation and pursue a settlement we are confident will cover your medical bills, lost wages, pain and suffering, and other losses.
In the rare instance when the insurance company refuses to offer a fair settlement, we can file a personal injury lawsuit against the at-fault driver. If this does not prompt them to increase their settlement offer, we will present your case to the presiding judge and request an award for the full value of your losses.
Was a Negligent Driver the Cause of My Motorcycle Accident?
There are many ways a negligent motorist can cause a motorcycle accident. Many of them lead to collisions, but others force the motorcycle into a single-vehicle crash. We can identify the cause of your accident and hold the driver who caused it liable.
Some of the most common ways careless or reckless motorists cause motorcycle crashes include:
- Pulling out without looking for motorcycles;
- Excessive speeding or other reckless driving offenses;
- Not using turn signals when changing lanes or merging;
- Changing lanes without double-checking for motorcycles;
- Driving drunk or on prescription, over-the-counter, or illicit drugs; and
- Distracted driving, such as texting and driving.
How Much Money Can I Get for My Claim?
There is no way to know exactly how much your insurance settlement or court judgement might be until we reach an agreement or the judge awards you compensation. However, we calculate an estimate of your accident-related losses, non-economic damages, and future care costs before we begin the settlement negotiation process.
Our experts come up with this estimate by collecting documentation of all your expenses, such as hospital bills and parking receipts. Then, we request documentation that supports the full amount of your lost wages and future lost income. We also have experts who can explain your ongoing care costs, possible future care requirements, and other upcoming medical needs. If you suffered serious injuries, it is paramount we take your ongoing and future care into consideration when discussing your payout.
Once we know the value of your economic losses, we can use the total to put a price on your emotional losses. Often called “pain and suffering” damages, these non-economic damages are often several times the value of your actual losses.
By calculating the value of your damages before we begin the negotiation process, we can better understand what a fair settlement will look like in your case. This gives us both an amount to include in our demand letter to the insurance company and a minimum amount we know we need during negotiations.
Why Do I Need a Lawyer on My Side?
Auto insurance companies do not like to payout in motorcycle accident cases. They will do anything they can to reduce the compensation they pay you. They may even blame the accident on you by claiming you drove recklessly, split lanes, swerved or weaved in and out of traffic, or violated other laws. This can reduce their payout to you because of Florida’s comparative fault law.
Even if they can produce evidence to show you contributed to the crash in some way, we can still collect compensation based on the other driver’s contribution to the wreck. For example, imagine you were speeding at the time of the accident. The judge determines you were 20 percent at fault. The other motorist was 80 percent at fault, because they caused the accident by pulling out in front of you. This means we can still recover 80 percent of the full value of your claim.
If you were not wearing a helmet at the time of your accident, the insurance company can also use this to reduce their payout to you. While it is legal to ride a motorcycle without a helmet in Florida as long as you are over the age of 21 and insured, the courts often side with the insurance company on this one. The insurance company will likely claim your injuries were more severe because you were not wearing a helmet and this will reduce the payout we can recover in your case. This is one reason we encourage you to always wear a helmet while riding.
How Can I Talk to a Motorcycle Accident Lawyer in North Miami?
The North Miami motorcycle crash lawyers at the Law Firm of Anidjar & Levine are here to help you recover the compensation you deserve for the injuries you suffered. We offer free case reviews where we can help you identify the at-fault drivers in your crash and explain your legal options for a financial recovery. Call our South Florida office at 800-747-3733 today to set up an appointment with a knowledgeable member of our motorcycle accident team.