Under Florida Statute §627.736, Personal Injury Protection (PIP) coverage applies only to vehicles with four or more wheels. This clearly explains that when one is injured during a bicycle ride, the victim can’t access the $10,000 PIP safety like a car driver can. Instead, bike riders must claim compensation directly from the liable party through a valid claim.
When someone has been in a bicycle accident and suffers injuries and losses, the victim can recover compensation against the damages they have suffered on physical, emotional, and material levels. When the victim pursues a compensation claim for their medical bills, they must prove the link between the accident and their injuries. This is where the role of an attorney becomes vital. The victim has the burden of proof from the very first dollar of the claim.
The victim also must be aware of an additional insurance option. An expert bicycle accident lawyer in Winter Haven handles accident cases against the specific policy and explains each source of coverage available for you.
Know the Deadline
Under the modified Florida Statute § 95.11, a personal injury victim gets 2 years from the date of the accident to file a lawsuit. If the victim misses the window, it can bar the claim for life. It’s advised not to delay consulting an attorney after a bicycle or any personal injury accident.
What Medical Bill Compensation Can the Victim Actually Claim?
When another driver’s faulty or negligent actions directly cause a bicycle crash, Florida law entitles the victim to pursue settlement for both economic and non-economic losses. The section presents a breakdown of the medical bill compensation for the victim.
Current and Future Medical Expenses
If the victim’s injuries require ongoing treatment and care, and further surgeries, the costs are fully compensable as economic damages.
Immediate Medical Assistance
Ambulance costs, emergency care, trauma treatment, and any life-saving medicine count under the settlement amount.
Hospitalization and Surgery Costs
OT charges, inpatient stays, anesthesia costs, doctor consultations, and post-surgical care are directly linked to accident compensation.
Rehabilitative Therapy
Chiropractic care, physical therapy, occupational therapy, and any doctor-prescribed rehabilitation program that helps restore function.
Lost Income and Ability to Earn
Income the victim has lost during treatment and recovery, with the compromised ability to earn a living due to permanent injuries or disability.
Pain and Suffering
Unlike car accident victims, bicyclists are more likely to recover from pain and damages without suffering permanent injury, which is an absolute legal advantage.
Property Damage
Repair or replacement of the bicycle, riding gear, helmet, and other personal property destroyed or damaged in the crash.
Emotional Distress
Anxiety, PTSD, depression, and other psychological injuries resulting from the accident are recognized non-economic damages under Florida law.
One Special Rule for Florida Riders: Under the special rule, a bicyclist does not need to establish a permanent injury to recover pain and suffering. This approach is different from standard car accident claims, where the threshold injury requirement must typically be met first. It means that even if your crash left you with critical yet non-permanent injuries, you may still pursue full non-economic compensation.
If the at-fault driver was impaired at the time of the crash, the victim may also have grounds to pursue punitive damages under Florida Statute § 768.72. These are awarded to punish especially reckless conduct and are not subject to the same caps as compensatory damages.
How Comparative Fault Affects Your Recovery
An amendment has been made to Florida’s 2023 tort reform law, House Bill 837, for personal injury victims in Winter Haven. The state has switched from a “pure” comparative negligence system to a modified comparative negligence rule, effective for all personal injury claims on or after March 24, 2023.
Under the new rule, codified in Florida Statute § 768.81(6), if a jury determines that the bicyclist has been more than 50% at fault for the crash, the victim is completely barred from applying the compensation claim. If one is 50% or less at fault in the accident, the victim can still recover damages. Only the amount is reduced proportionally by the degree of fault. For instance, if the damages cost $200,000 and the victim is found 25% at fault, the recovery will be reduced to $150,000.
This rule is especially applicable to bicyclists, as insurance companies often try to shift the blame onto riders. Their objective is to provide a lowball compensation offer.
Never think that a partial fault ends your claim. Understand how the fault, when contested and documented, makes a dramatic difference in your case consequences. It’s important to collect police reports, preserve evidence at the scene, and immediately secure witness statements.
The bicycle accident lawyer in Winter Haven works proactively to build a robust case for fault allocation, counter insurer tactics, and ensure the victim’s version of events is supported by evidence. If you have questions about your situation, reaching out for a free consultation is the best first step.
How the Claim Process Goes
Knowing what you can claim is one thing. Going through the process of compensation recovery is another. Insurance companies that represent at-fault drivers are primarily focused on their own clients’ interests, not yours. Here is how you should proceed after your bicycle crash in Florida –
Seek Medical Attention Fast: Your health is your priority. After a bicycle accident, you must seek instant medical documentation to create a clear connection between the accident and your injuries. Time gaps in treatment are a common tactic insurers use to minimize claims.
Document Every Piece of Information: Keep every prescription, medical bill, record of missed workdays and missed wages, and each call with the insurer. A detailed documentation of your physical pain, mental trauma, and emotional distress supports your non-economic damage claims.
File a Claim Against Physical Injury Liability Coverage of the Liable Driver: Since PIP does not apply to bicycles, the at-fault driver’s bodily injury (BI) liability policy is your primary source of recovery. If that driver is uninsured or underinsured, your own UM/UIM policy, if you have one, becomes the next line of defense.
Do Not Accept an Early Settlement Without Attorney’s Guidance: Initial offers from insurance adjusters are almost always far below what the actual claim is worth. Once the victim accepts a settlement, s/he typically cannot claim additional compensation even if the medical costs increase unexpectedly.
File Lawsuit if Necessary: If the insurer fails to offer fair compensation, your bicycle accident attorney in Winter Haven can help you file a personal injury lawsuit. Remember, under Florida’s current law, you have just 2 years from the accident date to initiate legal action. Contact attorneys who are well-versed in practising the local law for sharp legal representation.
Consult Our Winter Haven Bicycle Accident Attorney
The victim feels overwhelmed when dealing with complex insurance laws alone. Our bicycle accident attorneys at Abercrombie, P.A. assist injured riders across Winter Haven, Central Florida. We do our best to recover the full compensation the victim deserves for their medical damages in the accident.
