Motorcycle Accident?

I was just in a motorcycle accident, what should I do?

  • First, move your vehicle to a safe location.
  • Check and make sure if anyone needs medical attention.
  • Call 911 and report the crash.
  • Exchange insurance information and names while waiting for 911 responders.
  • Take photos of all cars, your motorcycle, debris in the road, damage to your clothing or helmet, and all skid marks.
  • Ask witnesses for their names and numbers.
  • Ask the police officer for a driver’s exchange information or at least the name and policy number of the insurance for the driver at fault.  If you do not obtain it at the scene, sometimes crash reports can take up to three weeks to obtain and this information is crucial to repair your motorcycle.
  • Report the crash to your insurance company if you have any on your motorcycle.
  • Remember, you might feel fine at the scene, but pain symptoms can appear later so seek medical care for yourself and your passengers as soon as possible.  You only have 14 days to see a doctor to preserve your right to have your insurance pay bills.
  • Call us so we can go over your rights with you. The call is free.

How do I pay for my medical care?

Unfortunately, most insurers do not provide personal injury protection benefits for motorcycles.  So, you probably do not have the $10,000 in benefits to cover high expenses like CT scans at an emergency room which is necessary to rule out a head injury or fractures.  If you have health insurance, give that information to hospital and all bill collectors.  Health insurance often does not cover 100% of the charges.  So, it is very important to immediately obtain the driver’s exchange to know the insurer for the driver who caused the crash.  The insurance company and policy number should be on the driver’s exchange.  If you leave the scene without this information, and the officer does not finish the report for weeks, it will be stressful while you wait to find out if your medical care is covered.  Our firm can sometimes obtain the crash report on-line once we represent you.  Call if you are unable to obtain the crash report.

 

Are helmets required on motorcycles?

We also strongly urge you to they wear a helmet.  Many drivers are carless and ignore motorcycles.  A crash without a helmet can be catastrophic.  Our law firm rarely sees a motorcycle rider cause a crash.  However, motorcycle riders are uniquely vulnerable to the mistakes of others.  In a 2019 study by the University of North Florida, states with universal, mandated helmet laws (where everyone is required to wear a helmet), those states have lower incidents of traumatic brain injuries.

In 2000, Florida made changes to the helmet law due to the number of fatalities and Florida now mandates in some circumstances helmet use and insurance requirements for operators of mopeds and motorcycles.  Florida Statute Section 316.211 provides that a person under 16 years of age my not operate or ride on a moped unless the person is wearing a helmet.  If your child is over the age of 16, and operating a moped that has 50 cc or less and 2 brake horsepower, your child does not require a helmet to operate a moped, but in our expert opinion, your child should wear a helmet.

Should I replace my helmet after a crash?

Many manufacturers suggest that you replace a helmet after a crash  The property damage insurance coverage for the driver who caused the crash has a duty to pay for the cost of a new helmet.  You also want to submit receipts for the damage to your jacket or clothing.

 

What type of insurance should I purchase if I have a motorcycle?

Most insurance companies will not sell personal injury protection, which pays up to $10,000.00 in medical bills, for motorcycles.  Therefore, it is crucial to determine if the other driver who caused the crash has bodily injury liability coverage.  Otherwise, there may not be insurance to pay the expensive hospital and doctor bills from a motorcycle crash.  Our firm has an investigator to help determine if the driver at fault has insurance coverage.

 

If I don’t carry any insurance on the motorcycle is that wrong?

Often, insurers refuse to issue any type of insurance to cover a motorcycle.  If you can, you may wish to purchase medical payments overage and underinsured motorist coverage.  This will help protect you if an irresponsible driver injures you and has no insurance coverage.