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Does Medical Insurance Cover Motorcycle Accident Injuries in Florida?

on  Motorcycle Accidents

While medical insurance and health care plans widely vary, they will typically cover your medical treatment for injuries sustained after a motorcycle accident injury. However, it is unlikely that your insurance will cover all of your medical expenses and costs. Additionally, you will still be obligated to pay any deductibles and co-pays, depending on your specific policy. Our experienced motorcycle accident lawyer will address issues with insurance and the other costs you might incur.

What Health Insurance Covers After a Motorcycle Accident in Florida

Medical insurance is essential for maintaining your health and providing a way to pay for major medical procedures. If you suffered a severe injury in a motorcycle accident, your health insurance should cover a portion of your medical expenses. However, some limits and problems could place you into a financial dilemma.

  • You will be obligated to pay any deductible or co-pay according to the terms of your policy. Often, the out-of-pocket deductible is significant, requiring you to pay out of pocket for a substantial portion of your immediate medical costs.
  • Generally, health insurance does not provide coverage for lost income. Any wages you lose due to your injuries will not be reimbursed through your medical insurance.
  • A motorcycle accident typically results in additional expenses other than your medical costs. Repairing or replacing your motorcycle could be an expensive proposition, as could any additional transportation costs you might incur in the meantime.
  • The trauma of a motorcycle accident is not limited to your physical injuries. Many accident victims suffer emotional distress, which is not covered under health insurance plans.

After you have paid your deductible and co-pays, you might still find yourself struggling with your insurance provider to permit necessary treatments. Ongoing physical or occupational therapy may require approval from your medical insurer. If you need post-accident therapy, you could find yourself having to cover the expenses if your provider does not approve the treatment. Additionally, your provider could dictate where, when, and how much treatment you are entitled to receive.

Our experienced personal injury lawyer has worked to help injured individuals negotiate and settle with their health insurance providers, often increasing the amount of approved treatment. We can also work to file a lawsuit or an auto insurance claim to help cover additional expenses in your case.

There is No Personal Injury Protection (PIP) Insurance for Motorcyclists in Florida

Personal injury protection (PIP) is no-fault coverage available for most car insurance policies to pay for medical costs and other expenses after an accident. In most car accidents in Miami and throughout Florida, drivers use their own “no-fault” PIP coverage to handle their accident costs, and they sue the other driver or file third-party insurance claim to cover the additional costs over $10,000 or permanent injuries.

Unfortunately, PIP coverage is not available to Florida motorcycle operators. Without this coverage, motorcyclists must rely on their personal health insurance to pay for medical expenses associated with an accident. Since your medical insurance is unlikely to cover your needs, injured motorcyclists can instead turn to personal injury lawsuits and third-party insurance claims to cover their injuries.

Another important consideration in filing a personal injury lawsuit with our motorcycle accident attorney, is the ability to recover damages for pain and suffering. Car accident victims are limited to only collecting compensation for pain and suffering if they sustained a permanent injury, and only if they file for a lawsuit outside the insurance system. However, Florida does not apply any restrictions on compensation for pain and suffering for passengers and operators of motorcycles. Given the severity of many injuries associated with a motorcycle crash, the award for pain and suffering could be substantial and vital to moving forward – mentally and financially.

Insurance Payments for Injured Motorcyclists in Florida

Florida has several unique considerations regarding motorcycle accidents and the ability to collect damages for injuries. It is crucial to have our seasoned Florida injury attorney representing you should the following issues present itself.

  • It is still uncertain in Florida whether a motorcycle operator or owner has the right to “stack” their insurance coverage from other owned vehicles. This is allowed in cases of car or truck accidents.
  • Florida courts have not determined if private medical insurance companies can subrogate an insurance claim related to a motorcycle accident, meaning that they could be able to take money from your winnings.
  • An insurance adjuster has broad license to use a motorcyclist’s conduct to determine comparative negligence when valuing a claim, such as citing a failure to wear a helmet.

Medical Payment Coverage “Medpay” for Motorcyclists in Florida

Although insurance companies do not offer personal injury protection benefits for motorcyclists, many insurers offer medical payment coverage or “medpay.” Medpay works much like personal injury protection. It is a no-fault insurance product that is similar to PIP, meaning that the insured received the benefits regardless of fault. Motorcycle insurance policies that contain an endorsement for medpay, will pay for medical expenses incurred by the insured in an amount that does not exceed the policy limit. Unlike personal injury protection, medpay insurance policy endorsements generally do not contain a deductible and they pay 100% of the medical bills. For example, if a motorcycle insurance policy contains an endorsement for $5,000.00 in medpay benefits, the insurer will pay up to $5,000.00 in medical expenses incurred by the motorcyclist.

Common Causes of Motorcycle Accident Lawsuits in Florida

Florida motorcyclists must be aware of all of the insurance costs and problems associated with riding in the state. Unfortunately, Florida leads the nation in motorcycle fatalities and is near the top of the list in accidents and injuries.

Often, the reason for an accident involving a motorcycle is not a motorcycle rider’s negligence or recklessness. Instead, the accident is usually caused by another driver on the road, usually in one of the following ways:

  • Not granting a motorcycle the right of way
  • Failing to see the motorcycle on the road
  • Driving while distracted by texting or other activities in the vehicle
  • Failing to see an upcoming motorcycle when making a left-hand turn
  • Driving under the influence of alcohol or drugs
  • Recklessly or carelessly driving
  • Failing to obey a stop sign or traffic signal

Our Florida motorcycle accident attorney understands that riding a motorcycle is economical, efficient, and exhilarating. He also knows that it sometimes comes with an unexpected price. While your medical insurance will cover some of your medical costs after a crash, the full scope of damages and expenses will usually far exceed what your provider will pay for. It is crucial to carefully consider all of your legal options if you were injured in a motorcycle accident.

If You Were Injured in a Motorcycle Accident, Call Our Miami Motorcycle Injury Attorney to Review Your Insurance Coverage and Legal Options

Motorcycle accidents often lead to devastating injuries. Florida limits the motorcycle insurance a rider can carry, often leaving an injured motorcyclist at the mercy of their personal health insurance provider. Prosper Shaked is a Florida motorcycle accident attorney experienced with dealing with insurance companies and the court system to help injured motorcyclists get the financial compensation they need. Call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676 to schedule a free, confidential appointment.