In many cases, you can file a bicycle accident claim through your car insurance’s Personal Injury Protection (PIP) insurance policy. If you do not have insurance coverage under your own motor vehicle policy, you may be covered if someone else in household has auto insurance.
You can also file a claim with the other party’s insurance company if they were negligent and caused your accident. An Orlando bicycle accident lawyer can help you navigate the complex insurance claims process and pursue additional damages when possible.
Florida Auto Insurance, PIP, and Bicycle Crashes
Florida’s no-fault insurance laws require drivers to carry PIP insurance, which extends coverage to cyclists injured in motor vehicle accidents. Regardless of who is at fault, PIP helps cover:
- Medical expenses for treatment related to the accident.
- A portion of lost wages if the injuries prevent you from working.
- Death benefits in the event of a fatal accident.
Per Florida Statutes § 627.736, PIP covers up to 80% of reasonable medical expenses and 60% of lost wages, up to a maximum of $10,000. However, for injuries not deemed an emergency, coverage may be limited to $2,500. PIP does not cover non-economic damages like pain and suffering.
Importance of Seeking Medical Treatment Within 14 Days
Florida law mandates that accident victims seek medical attention within 14 days of the incident to qualify for PIP benefits. Delaying treatment could jeopardize your ability to access these benefits, even if the injuries manifest later. Always ensure you visit a healthcare provider promptly and keep detailed records of your treatment.
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Filing a Bicycle Accident Claim with the Driver’s Insurance
Although PIP is a no-fault system, determining the at-fault party is critical for claiming additional damages not covered by PIP. You will need to identify the driver involved, confirm their auto insurance polucy coverage, and provide evidence of their fault.
- Contact the Driver’s Insurance Company: Notify the insurer about the accident and provide the police report as proof.
- Provide Evidence of the Accident and Damages: Share documentation such as photos of the scene, medical bills, and repair estimates for your bicycle.
- Negotiate with the Insurer: Be prepared to discuss your claim and provide any requested information promptly.
If the at-fault driver lacks sufficient insurance, you may need to explore alternative coverage options. This includes your own Uninsured/Underinsured Motorist (UM/UIM) coverage or filing a lawsuit against the driver directly.
When to Consider Hiring a Bicycle Accident Attorney
Filing a claim after a bicycle accident can be challenging, and the claims adjuster may try to deny you coverage. At the very least, insurance companies will try to pay you the minimum amount allowed under your coverage policy.
Here are some scenarios when seeking the help of an Orlando personal injury lawyer may be essential:
Disputed Liability
If the at-fault party or their insurance company denies responsibility for the accident, you may need legal representation to prove your case. An attorney can:
- Investigate the accident thoroughly.
- Gather evidence such as witness statements, traffic camera footage, and accident reconstruction reports.
- Advocate on your behalf during negotiations or court proceedings.
Florida’s modified comparative negligence system, outlined in Florida Statutes § 768.81, allows people who were partially at fault to claim damages. However, anyone found more than 50 percent at fault cannot receive damages at all. The other party may try to unfairly blame you for the accident and reduce your damages or deny your claim altogether.
Significant Injuries or High Medical Costs
For severe injuries that require extensive medical treatment, surgeries, or long-term care, the stakes are higher. An attorney can:
- Accurately assess the full extent of your damages, including future medical expenses and lost earning potential.
- Help you pursue compensation for pain and suffering, which is not covered by Florida’s PIP insurance.
- Negotiate with insurance companies to secure a fair settlement or take the case to trial if necessary.
Florida’s insurance laws can be confusing if you are not familiar with the process. A bicycle accident lawyer with our firm can help you fight to protect your right to compensation while providing legal guidance throughout your entire case.
Documenting Your Expenses After a Bicycle Accident
The at-fault driver will actively try to disprove your version of events so they do not have to compensate you. The more evidence you can provide, the better your losses will be represented in your final settlement.
Accordingly, you should start collecting documents, receipts, and testimonies related to your case as soon as possible. This can be something as simple as a medical bill from the hospital or something as complicated as a statement from a mental health professional.
Economic Damages
Documenting your economic damages is relatively straightforward. You need to gather evidence that showcases all your expenses related to your accident. In most cases, the respective companies will have a detailed record of their transactions, which we can obtain upon request.
Examples of these losses include:
- Lost wages
- Future lost earning capacity
- Property damage
- Past and future medical bills
Non-Economic Damages
Documenting your non-economic losses can be much more complicated. For example, there is no universal value for mental anguish because it is different for every victim. Every bicycle accident victim has endured their own unique hardships, so the monetary value of your case needs to be adjusted accordingly.
Examples of non-economic damages you can claim include:
- Pain and suffering
- Inconvenience
- Reduced quality of life
- Disability
- Scarring and disfigurement
Your attorney can help you get in touch with vocational rehabilitation experts, economists, medical professionals, and other expert witnesses while appraising the value of your pain and suffering.
Steps to Take After a Bicycle Accident
Taking the proper steps after a bicycle accident can put you on the right track during your fight for compensation.
Some of the most important things to consider include:
- Calling 911
- Receiving medical attention for your injuries
- Taking pictures and videos at the scene of the accident
- Giving your statement to the police
- Gathering evidence to support your version of events
- Documenting your damages
- Reporting your accident to your insurance company
- Contacting a bicycle accident attorney
Speaking to a bicycle accident lawyer at our firm can give you the information you need to protect your rights during your fight for compensation. Your attorney will advise you about who to speak to and who to avoid throughout your proceedings.
Act Quickly to Claim Insurance After a Bicycle Accident
Like any personal injury case, a bike accident case is time-sensitive. Cases that need to go through court as a lawsuit are subject to the state’s statute of limitations outlined in Florida Statutes § 95.11. You must file your lawsuit within two years of the date of the accident or forgo compensation.
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Our Bicycle Accident Lawyers Can Get Started on Your Case Today
Filing a lawsuit may leave you feeling confused and uncertain if you have never been involved in a legal case before. Fortunately, Bogin, Munns & Munns can take some of the pressure off you during this stressful time.
To learn more about what our Orlando bicycle accident lawyers can do for your case, contact a representative for receive your free consultation. We charge no upfront fees and only get reimbursed for our services if and when you receive compensation. Our firm serves all of Central Florida, so be sure to reach out to us today.
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