Property Damage - Repairs and Recoverable Damages Following the Motorcycle Accident
A motorcycle owners feels a certain connection to his or her motorcycle. While a motorcycle is not a living, breathing being, a motorcycle owner does feel the impact from an emotional standpoint when a motorcycle is damaged as a result of a motorcycle accident. Some motorcycle owners spend countless hours working on or having others working on the motorcycle to improve the performance, operation, and look of the motorcycle. When a motorcycle is damaged as a result of a motorcycle accident, while the motorcycle may be repaired, many motorcycles just do not feel the same after a motorcycle accident.
While there is a certain emotional connection and affinity for the motorcycle, the State of Florida and most other states do not recognize any property damage claims beyond the total loss (if applicable), repairs, and diminished value (if applicable). In other words, a motorcycle owner cannot collect pain, suffering, mental anguish, or loss of enjoyment of life just because a motorcycle is damaged as a result of the crash; however, an injured motorcyclist can collect these damages if the associated personal injuries are serious and permanent in nature.
As for the property damage or the repairs, there are generally two kinds of insurance that will pay for or cover the repairs.Property Damage
Every registered motor vehicle owner in the State of Florida must carry Property Damage insurance. This kind of insurance will cover damages to the other party if it can be shown that the motor vehicle owner or the permissive driver of the motor vehicle was negligent. For instance, let's say that a person is driving a SUV that makes a careless left hand turn into the path of travel of a motorcyclist. There is crash and the motorcycle is damaged. The estimated cost of the repairs is $3,000 and the motorcycle is worth about $10,000. Under this fact scenario, the repairs should be paid by the Property Damage adjuster for the at-fault driver.Collision
In the State of Florida, Collision insurance for motor vehicle owners and motorcycle is optional. As such, many motor vehicle and motorcycle owners do not elect to have Collision insurance because the premiums are higher with this coverage in place. Most insurance agents and most Florida Motorcycle Accident Attorneys recommend that a motorcyclist obtain Collision insurance. For instance, let's say that a person driving a motor vehicle rear ends the back end of a motorcycle. The driver is issued a citation and even admits that he was at fault for the crash. Unfortunately, the driver allowed his insurance to lapse for non-payment. While the driver is technically and legally responsible for the damage to the motorcycle, it may prove to be difficult to collect the funds or money from the driver who did not have the sense or the funds to pay for his insurance premium. While it is not fair, the motorcyclist may be put into a bind about how the repairs will be paid for. Under these circumstances, it would be very helpful to have Collision insurance which will cover or pay for the damages / repairs to the motorcycle regardless of fault and regardless as to the availability of insurance for the at-fault driver.
David A. Wolf is a personal injury attorney with over 28 years of experience. Unlike many other attorneys, he will assist a client with the property damage or collision claim at no charge. David A. Wolf also assists his clients with Diminished Value claims when the facts support such compensation to the motorcycle owner. David A. Wolf provides a Free Consultation on all personal injury inquiries including those related to motorcycle accidents. Contact David A. Wolf. Get D Wolf On Your Side - At Your Side.