There’s nothing like the freedom of riding on the open road, but that feeling does come with risks. Despite the precautions you take, you could still be hurt in a crash because someone else was reckless. All it takes is a driver getting distracted by their phone, a blind corner, wet road or simply too much speed. We hope this never happens, but if you’re one of the many motorcycle riders injured in Florida every year, you should know about bringing a Florida motorcycle accident claim.

At Rubenstein Law, we’re a resource for motorcyclists across Florida and we fight for riders’ rights every day. If you’re looking for help after a wreck, call 800-FL-LEGAL/800-355-3425 any time, 24 hours a day, seven days a week. Your initial consultation is free, and there are no costs until we win compensation for you. We offer remote and virtual appointments.

Get a Free Consultation

It cost nothing get answers to your initial questions. After your accident or losing a loved one in a motorcycle accident, let us schedule a free consultation with the Motorcycle Team at Rubenstein Law. We’ll listen to your story and ask questions. We can meet at one of our offices or set up a call.

Once we know the facts, we can explain Florida’s no-fault insurance laws and your options. We’ll tell you upfront if the facts lead us to believe you qualify to file a lawsuit or not. We offer honest assessments based on decades of experience.

We’ll also explain how we can help you with the insurance claim process, lawsuit or negotiate a fair settlement. We want you to be fully informed, so you can make the best decision for you and your family.

The Motorcycle Claims Process: An Overview

After a motorcycle accident, the insurance claim process is often complex. Florida’s no-fault insurance laws can be convoluted, and you’ll need to deal with your insurance and the other driver’s company, each of whom are responsible to shareholders instead of you. Fortunately, an experienced motorcycle accident lawyer can help, we can help.

Investigating the Crash

You need to know what caused the crash, but you shouldn’t rely on the insurance company’s conclusions. We’ll scrutinize the incident by reviewing:

  • The police crash report
  • Any citations issued
  • Photos of the scene
  • Video footage of the crash
  • Eyewitness statements
  • Cell phone records
  • Traffic cameras

If called for, we’ll hire an expert to recreate the accident. An accident reconstructionist can determine how fast the vehicles were moving and if distracted driving was a factor.

Documenting Your Injuries

To win fair and full compensation, you must show you’re hurt. We help you gather evidence about your injuries from your medical records and speaking with your doctors. We will often recommend taking pictures of your injuries, keeping a journal, and/or making a Day in the Life video. When necessary, we’ll hire a medical expert to testify about your injuries.

Calculating Your Claim’s Value

Figuring out how much your motorcycle accident claim is worth can be tricky. We add up all of your financial costs and losses. This includes the obvious medical expenses and prescriptions, and the less obvious uber rides to appointments, and sometimes housekeeping, childcare costs and dog-walker fees. We have experience with this and won’t miss anything. We’ll also talk with you about your non-economic damages, like pain and suffering. Placing a value on these isn’t easy but our decades of experience makes us skilled navigating these complicated formulas.

Communicating With Insurance Companies

A benefit of working with a motorcycle accident lawyer is having someone deal with the insurance companies, so you don’t have to. Even your insurer might not be as helpful as you expected. If you had MedPay insurance, we’ll make sure you take full advantage of your policy, which should pay for your medical care and lost wages up to the policy limit. We’ll fight back if your insurer denies your claim.

Your property damage is a third-party claim with the at-fault driver’s insurer. We’ll deal with them to get your motorcycle and gear repaired or replaced as soon as possible. Also, if the at-fault driver carries a robust policy including liability insurance, we’ll pursue more compensation for your losses.

Sending a Demand

Sometimes the policy limit won’t be sufficient. Motorcycle claims become more complicated and take longer if your injury is severe or permanent. In that situation, the insurance coverage probably won’t be enough to cover your damages. In that case, if there are assets available we’ll send a demand letter for the compensation you need and deserve.


Rubenstein Law offers unparalleled support to the Florida motorcycle community, promotes safe riding, and provides riders and their families with unrivaled legal representation.

Filing a Lawsuit

Florida’s no-fault insurance laws limit car and motorcycle accident lawsuits. To be able to sue the at-fault driver, you must have a severe and permanent injury. You also can sue the at-fault driver if they’re responsible for the death of a relative. We understand these can be complicated and we are happy explain Florida’s wrongful death laws.

Using Discovery

Discovery is the phase of litigation when we learn more about the crash. We’ll use various legal tools to get more information. We’ll also stipulate facts that both sides agree on, which is essential because we aren’t going to argue everything. Instead, we’ll dispute specific material facts, which determine the other driver’s liability.

Settlement Negotiations

After discovery, we might move into settlement negotiations. Sometimes this involves going through mediation, an out-of-court process involving a neutral third party to guide negotiations. Going to trial is costly and time consuming, so the vast majority of cases settle before trial, though we can’t guarantee even the settlement process will be quick.

Reaching a Resolution

We will either resolve your case with a settlement, mediation, or prepare for trial. At trial, we’ll present evidence as to why we believe the other driver is liable. Depending on whether you have a bench or jury trial, the judge or jury will decide who was at fault.

It’s not an all-or-nothing situation. More than one person can contribute to the crash. Florida is a pure comparative negligence state, which means you can recover compensation even if you were partly at fault. You’ll be assigned a percentage of fault, and that amount will reduce your compensation. If you were awarded $1 million dollars and were found 20% at fault, your winnings would be adjusted to $800,000.

If the judge or jury finds in favor of the other driver, we’ll explain your options for appeal.

Questions? Call Rubenstein Law

We understand this might be your first time in a severe accident. You might not be confident of how to handle the insurance companies or if you can file a lawsuit. We have decades of experience and can provide the answers you need.

Give us a call at 800-FL-LEGAL/800-355-3425 or use our online chat to schedule your free consultation. We’re available 24/7 to help. If you can’t come to the office, we offer remote and virtual appointments.

Don’t worry about the cost of hiring a lawyer. There are no upfront fees or costs. You only pay us if we win you money.

We fight 4 u

We hope you never need a motorcycle injury lawyer.
But if you or a loved one is hurt because someone was reckless, you’ll be glad we are here.

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