Why Miami Cyclists Face An Uphill Legal Battle
Cycling in Miami offers numerous benefits, from health advantages to eco-friendly transportation. But as is true with many active lifestyle habits, along with the benefits come the possibility of accidents. When injury occurs, cyclists often encounter significant legal challenges in seeking financial relief compared to motorists involved in car collisions.
You don’t have to move through a thorny recovery process on your own. When you partner with a Miami personal injury lawyer, an attorney can fight for your rights while you focus on physically recovering and moving your life forward.
Cars vs. Bicycles and Insurance Coverage
Florida operates under a no-fault insurance system, mandating that all motor vehicle owners carry Personal Injury Protection (PIP) coverage. This insurance covers medical expenses and lost wages, regardless of who is at fault. Notably, PIP extends to cyclists injured in accidents involving motor vehicles. If a cyclist owns a car and has PIP coverage, their policy can cover up to 80% of medical expenses and 60% of lost wages, subject to policy limits
While PIP coverage can be helpful, there are other situations where complications arise when the injured cyclist does not own a vehicle. In such cases, the cyclist may seek PIP benefits from the at-fault driver’s insurance. If the driver lacks sufficient coverage or is uninsured (which is a common issue in Florida, in the Sunshine State it is estimated over 20% of drivers are uninsured) obtaining compensation becomes more challenging.
Also, given that Florida’s minimum PIP coverage is $10,000, it may not suffice for serious injuries. Then an injured cyclist may need to explore other avenues for compensation. This can involve filing a claim against the at-fault driver’s bodily injury liability insurance. Yet Florida law does not require drivers to carry bodily injury liability coverage, potentially leaving injured cyclists with limited options.
In such scenarios, if the cyclist has uninsured/underinsured motorist coverage as part of their own auto insurance policy, they may access additional funds. Without this, recovering full compensation can be an uphill battle, emphasizing the importance of understanding one’s insurance coverage and legal rights.
Protective Measures for Cyclists
Settlements for bike injuries, when possible, vary significantly based on injury severity and case specifics. Amounts have ranged from $15,000 to over $100,000. To safeguard your rights and potential for fair compensation, Miami cyclists should consider the following steps:
- Insurance review. Look over the policies you have and ensure you have adequate PIP and uninsured/underinsured motorist coverage.
- Legal consultation. Engage with a Miami personal injury lawyer who is familiar with bicycle accident laws.
- Evidence collection. Document all aspects of the accident. Photos, witness statements, and medical records can all support your claim.
Do you need financial relief for bicycle injury expenses? While cycling in Miami presents certain legal challenges, understanding the nuances of Florida’s insurance landscape and taking proactive measures can enhance cyclists’ ability to secure fair compensation after an accident. Talk to the attorneys at Spencer Morgan Law to learn what is possible for you. Call 305-423-3800 to book a confidential consultation.
