Frequently Asked Questions - Florida Motorcycle Accidents

The statute of limitations to pursue a motorcycle accident case in Florida is 2 years from the date of the accident. In other words, an injury victim has 2 years from the date of the accident to either settle the case or file a lawsuit. Otherwise, you may waive important legal rights. There may be additional time to pursue a case against the biker's uninsured motorist carrier if such coverage was purchased. The time limit for an uninsured or underinsured case can be as long as 5 years from the date of the motorcycle accident, but it depends on the language in the insurance policy.

The simple answer is generally no unless the defendant is a government entity. Caps apply to cases involving a government entity as the defendant. While most motorcycle accident cases have no caps, the most practical and common approach is to focus on the available insurance policy limits. An experienced attorney can explain the difference between legal rights and practical considerations after a Florida motorcycle accident.

The simple answer is no. In Florida, the owner of a motor vehicle (i.e., a passenger vehicle) must carry the statutorily mandated insurance: PIP (Personal Injury Protection) and Property Damage. Motorcycle owners are not required to carry this insurance.

Even if an injured biker is not at fault, the at-fault driver's automobile insurance company typically will not pay or finance medical bills up front. Ultimately, the at-fault insurance company may pay once treatment is completed and the case is settled; however, in the interim, the injured biker will need to figure out how to get medical care. Health insurance can pay for the medical care. Otherwise, if the injured biker has no PIP coverage (which is common), they can seek medical care from select providers who will wait to be paid once the case or claim is settled.

This is a lya particularly vague question because key facts and details are missing. The value of the case will depend on several factors including but not limited to: the extent of trauma or impact from the crash, the medical bills, the medical treatment obtained, the seriousness of the injuries, the length of medical treatment, the implementation of pain management injections, surgical recommendations, lost wages, permanency of the injuries, deformities or scarring from the injuries, and available liability insurance coverages.

The length of a case depends on the extent of treatment, the severity of the injuries, the amount of insurance coverage, the insurance carriers involved, and other factors. When dealing with a motorcycle accident claim or case, be patient and allow the process to move forward. The goal is to resolve the case or claim in a timely manner.