Motorcycle Accidents and Car Accidents Are Treated
Differently Under Florida Law
Under Florida law, a
motorcycle accident is not the same as a car accident. While the nature of the type of accident may
make this difference seem obvious, Florida treats motorcycle accidents and automobile accidents differently in many
instances:
- Motorcycle owners cannot purchase first
party benefits, such as medical benefits and income loss benefits. This is known as
Personal Injury Protection (“PIP”).
- There is requirement that the motorcycle
injury victim prove the existence of a permanent injury in motorcycle accident cases. There
is no “threshold” to get over before having the right to recover pain and suffering
damages.
- There is no restriction on recovery for
pain and suffering.

The courts are not clear on
whether a motorcycle owner who is injured in an accident can stack uninsured and underinsured
motorist benefits for the automobiles that are in the motorcycle owner's household. This can have a
dramatic effect on the amount of money damages recoverable by the injury victim.
Moreover, the courts have also not
decided whether private health insurers can claim subrogation (right to get paid back the amount of
money they paid out on your behalf) against the motorcycle owner in the event of
recovery.
Severe personal injury cases
caused by motorcycle accidents and motor vehicle crashes are life changing events. Contact our
motorcycle accident lawyers for a candid assessment of your Southwest
Florida accident, Bonita Springs accident, Cape
Coral accident, Fort Myers accident, Lehigh Acres accident, Naples accident, Clewiston
accident, Labelle accident, Port Charlotte accident, Punta Gorda accident, Sarasota accident,
North Port accident, Venice accident, Bradenton accident.
Unlike the big chain law firms,
we're more selective on the cases we handle, which assures your case personal attention and
handling throughout your representation by an experienced personal injury
lawyer and accident attorney. We work -- promptly -- for you and
with you throughout the case to achieve our shared values and goals.
Your Values. Your Lawyer. Full
Justice.SM
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