You likely have a lot of questions about what to do next after a motorcycle crash. At Rubenstein Law, first and foremost, we’re a resource for riders in Florida, We hope you never need to call an attorney, but we’re here to answer your questions and fight for what you deserve after an accident.
First, if possible get yourself and anyone involved in the accident out of the flow of traffic. If you’re badly hurt after an accident, get to a safe spot and wait for the ambulance. If you can, exchange information with the other driver, including names, contact information, and insurance information. When you talk with the other driver, don’t get angry or apologize. Keep the conversation simple.
Next, take photos with your phone to document the scene. This should include your bike, the other vehicle, the intersection or road, any skid marks, broken glass, the license plate of the other vehicles, etc. Afterward, see a doctor and notify your insurer.
Careless drivers cause many motorcycle crashes. Drivers fail to look out for motorcycle riders, which is a big problem with unprotected left turns. Many drivers fail to check their blind spots when they change lanes, often speed, and are distracted behind the wheel.
Motorcycle riders can also cause crashes by speeding, weaving in and out of traffic, and lane splitting.
You don’t have to wear a helmet if you are 21-years-old or older and pay for at least $10,000 in medical payment insurance. If you’re under 21-years-old, you must wear a helmet.
If you lack insurance coverage, you must wear a helmet.
That being said it is smart to always wear a helmet. Helmets not only reduce fatalities in motorcycle accidents they greatly reduce the incidence and severity of brain injuries (TBI). TBI’s can change your personality, impact memory, vision, communication, and leave you with chronic pain. It’s best to do all you can to reduce your chance of TBI.
Bike Week is a 10-day motorcycle rally in Daytona Beach, Florida. It consists of races, concerts, street festivals, and other activities. It’s also a lot of showing off your ride, meeting other bikers, and catching up with old friends and making new ones. It typically starts the first week of March and is similar to the famous Sturgis Motorcycle Rally.
As a longtime sponsor of Bike Week and other Florida bike events, Rubenstein Law is always available if you have questions.
If the crash causes significant property damage, injuries, or death, the law requires you to tell the police. If anyone is hurt, call 911 right away. If the accident caused only minimal property damage and no injuries, you don’t have to call the police, but you must report the accident within 10 days.
Yes, you should see a doctor after a motorcycle accident. You should go to the emergency room immediately after the crash if you are seriously injured, but if you think your injuries are minor, you can wait and see your doctor soon after the accident. After an wreck, adrenaline is flowing, so often you don’t even realized you’ve been hurt until days or even a week or more later. Documenting your injuries is essential if you wish to bring a motorcycle accident claim.
Yes, you should have insurance to protect yourself and others. Florida’s Personal Injury Protection insurance requirement doesn’t apply to motorcyclists. Instead, you should have at least $10,000 in MedPay insurance. Also in Florida depending on your definition of “covered by insurance”, 30%-50% of Florida drivers are under-insured or uninsured. This means even if the other driver causes the accident and you are hurt, 30-50% of drivers will not have enough (or in some cases any) insurance to cover your medical bills, lost wages, expenses.
The only way to make sure you and your family are taken care of is to buy comprehensive motorcycle insurance. This will also include the required liability coverage to pay for property damage and injuries if you cause an accident.
Yes, if you carry MedPay, liability, or any other motorcycle insurance, you need to tell the insurance company right away. Failing to give notification in a reasonable time can make it hard to get benefits under your policies. Insurers can use a lack of notification as the reason to deny a claim.
You don’t need to tell the other person’s insurer. The other driver or your insurer should contact them. If the other driver’s insurer calls you, don’t answer questions or give a statement. Talk with a lawyer like our Motorcycle Team first before you agree to take any payment for property damage or medical bills from the other driver’s insurance company.
Whether you can file a personal injury claim depends on the specifics and other driver’s insurance coverage. Florida is a no-fault insurance state. If the other driver has the required coverage, you’d have to prove you suffered a severe permanent injury to have the right to sue. It’s best to talk with a Florida motorcycle accident lawyer about your options.
If you’re not a Florida resident but were hurt in a motorcycle crash here, hiring a local attorney helps. You can deal with insurance companies from anywhere, but filing a lawsuit is another matter. You also have to navigate Florida’s complicated no-fault insurance laws. Don’t hesitate to reach out to Rubenstein Law for help.
How long a claim takes depends on the complexity of your situation. If you’re dealing with minor injuries, the claim can wrap up quickly. If you need to bring a third-party claim or lawsuit, it will take longer. You may need to wait over a year for a final resolution. If you have the right to sue for injuries, you have four years from the date of the accident to file a lawsuit. In each of these situations all medical treatment must be completed or in very serious cases, doctors will need to determine the extent and cost of long-term/lifetime care before a case can close.
The value of your claims depends on several factors, including the severity of your injuries. The more severe your injuries, typically, the higher the claim’s value. An insurance policy limit might cap the compensation you can receive. But if you have the right to sue for a permanent injury, you can demand more compensation, including pain and suffering.
If you were seriously hurt in a crash, you should call a motorcycle accident attorney. Rubenstein Law can help you navigate the insurance claim process and personal injury litigation. We will fight for you to receive maximum compensation for your injuries.
A personal injury attorney investigates the motorcycle accident and gathers evidence. This may be necessary if you have to go after the other driver and prove fault. At Rubenstein Law, we review the insurance coverage for the crash and help you take full advantage of any relevant policies.
If you have the right to sue the other driver, we’ll guide you through the civil court process. Almost half of our attorney team are litigators and they are good at what they do. We have decades of experience fighting motorcycle cases in court and negotiating fair motorcycle accident settlements.
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Rubenstein Law has several locations and handles motorcycle accident cases throughout Florida. We have offices in: