Motorcycle riders face a greater risk of injury on Florida roads, especially when other drivers fail to share the road responsibly. If you’ve been injured in a motorcycle crash in Hollywood, turn to Viñas & Deluca for experienced legal support. Our motorcycle accident lawyer understands the unique challenges you may be facing and is ready to fight for the compensation you deserve. Contact us today at (786) 460-1814 for a free consultation.
Understanding the Differences Between Motorcycle and Car Accident Claims
Motorcycle accidents and car accidents may both involve vehicles, injuries, and insurance, but the way these claims are handled can be quite different. From the severity of injuries to the public perception of fault, several key factors set motorcycle accident claims apart. If you were injured in a crash while riding a motorcycle in Hollywood or anywhere in Florida, it’s important to understand how the claims process might unfold differently than it would for a typical car accident.
Injury Severity Is Often Greater for Motorcyclists
One of the most noticeable differences between motorcycle and car accidents is the level of protection each driver has. Motorcyclists do not have the benefit of seat belts, airbags, or a surrounding frame. As a result, even low-speed crashes can result in serious or life-threatening injuries for riders.
In motorcycle accident claims, medical expenses tend to be higher. Victims may face longer recovery times, permanent disabilities, or the need for ongoing treatment. This makes calculating damages more complex and often increases the value of the claim.
Motorcycle Accidents Often Require More Evidence
Insurance companies are sometimes skeptical of motorcycle accident claims. There’s a common misconception that motorcyclists are reckless by nature, and this bias can make it harder for injured riders to prove they weren’t at fault. Because of this, gathering strong evidence is critical.
Dashcam footage, helmet camera recordings, eyewitness statements, and even accident reconstruction reports can play a bigger role in motorcycle cases. Unlike car accidents, where liability may be more obvious based on traffic laws or intersection rules, motorcycle crashes often need additional support to establish what actually happened.
PIP Coverage Doesn’t Always Apply
Florida is a no-fault insurance state, which means drivers are required to carry Personal Injury Protection (PIP) coverage. This insurance pays for medical costs and lost income after a car crash, no matter who caused it.
However, PIP laws do not apply to motorcyclists in the same way. Motorcycles are not covered under standard PIP policies in Florida. If you’re injured in a motorcycle crash, you may need to rely on your health insurance, uninsured motorist coverage, or file a liability claim against the at-fault party. This gap in automatic medical coverage makes it especially important to have the right insurance protections in place and to consult with an attorney after a motorcycle accident.
Different Insurance Policies and Limitations
The types of insurance coverage that apply to motorcyclists are often more limited than those for car drivers. Many motorcyclists purchase bodily injury liability coverage, uninsured motorist protection, and collision coverage separately, as these are not automatically included in Florida’s motorcycle insurance requirements.
This can lead to more disputes over who pays for what, especially if the at-fault driver is underinsured. It’s not unusual for riders to face pushback from their own insurance company or be forced to pursue legal action to recover damages.
Higher Risk of Bias from Insurance Adjusters
There’s a stigma that sometimes follows motorcyclists in insurance claims. Adjusters may assume you were speeding, weaving through traffic, or otherwise acting recklessly. Even if you were driving responsibly and had the right of way, these assumptions can affect how your claim is handled.
This bias makes it harder for motorcyclists to receive a fair evaluation. Having clear evidence and legal representation can help push back against unfair characterizations and ensure your claim is judged on facts, not stereotypes.
Motorcycle Accidents Often Involve More Severe Property Damage
Beyond physical injuries, motorcycle crashes frequently lead to total vehicle loss. Unlike a car, which may be repairable after a collision, a motorcycle is more likely to suffer major frame damage or be totaled altogether. This increases the urgency of recovering full compensation—not only for medical bills but also for the cost of replacing your bike.
Adjusters may try to lowball the value of your motorcycle. Keeping detailed maintenance records, receipts for upgrades, and clear photos of the damage can help establish what your vehicle was worth before the crash.
Protective Gear Can Be a Factor in the Claim
In some cases, the type of gear you were wearing at the time of the crash may become part of the insurance company’s argument. If you weren’t wearing a helmet or were riding in shorts and a t-shirt, an insurer might try to reduce your compensation by claiming you contributed to your injuries.
Florida does not require motorcyclists over 21 to wear helmets if they carry a minimum level of medical insurance. Still, failing to wear a helmet can affect how an injury claim is evaluated—especially if a head injury is involved. That doesn’t mean you don’t have a case, but you may need a lawyer to help counter those arguments.
Legal Thresholds May Be Easier to Meet
In car accidents under Florida’s no-fault system, you typically cannot sue the other driver unless your injuries meet a certain threshold. These include significant and permanent loss of bodily function, permanent injury, or significant scarring.
Since motorcycle accidents usually result in more serious injuries, it is often easier for motorcyclists to meet this legal threshold and pursue a liability claim outside of the no-fault system. This opens the door to seeking damages for pain and suffering, emotional distress, and other non-economic losses that PIP does not cover.
Time Limits Are the Same—but Don’t Wait
Whether you’re injured in a car or motorcycle crash, Florida law generally gives you two years from the date of the accident to file a personal injury lawsuit. While this may sound like plenty of time, the earlier you act, the better. Evidence can disappear. Witnesses may be hard to find. And insurance companies might start building their case against you immediately.
Talking to a personal injury attorney as soon as possible after a motorcycle crash can help preserve your rights and keep your claim on track.
Consult a Motorcycle Accident Attorney Who Fights for You
Motorcycle accident victims deserve a legal team that understands the risks riders face and the serious impact of their injuries. At Viñas & Deluca, our Hollywood-based motorcycle accident attorneys are prepared to build a strong case and pursue the compensation you need. Don’t wait—call (786) 460-1814 now for a free consultation and personalized legal guidance.