Yes, car insurance does cover bicycle accidents in Florida. What insurance you will use depends on who was at fault.
Will my own car insurance cover me if I am in a bicycle accident in Florida?
Yes. Your personal injury protection (PIP) insurance coverage travels with you, meaning it will cover your injuries from a bicycle accident. Your PIP insurance covers you regardless of whether you or the driver caused the accident.
What does PIP insurance cover in Florida?
Your PIP insurance, also called Florida no-fault insurance, will cover:
- 80 percent of your medical bills
- 60 percent of your lost wages stemming from the accident
Note: To be eligible for benefits, you must receive medical attention within 14 days of your accident.
Are drivers required to have PIP coverage in Florida?
Yes. This means that if you have a car, you should have at least $10,000 in PIP benefits. If you do not have a car or insurance, you can use the PIP coverage of someone in your household.
Will the driver’s car insurance cover me?
Yes, if the driver was at fault. However, you will file a claim with the driver’s bodily injury liability coverage, not PIP. (Note: Bodily injury liability coverage is not required in Florida. If the other driver does not have insurance, we can go after his assets to recoup your losses.)
Because Florida is a no-fault state, to file a claim with the at-fault driver’s insurance, you must prove you suffered a serious injury. Under Florida law, a serious injury is one that results in:
- “Significant and permanent loss of an important bodily function;
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
- Significant and permanent scarring or disfigurement;
This is usually easy to prove in a bicycle accident as the injuries that result are often catastrophic. Our team will help you prove serious injuries and liability.
What if I contributed to the accident? Will the other driver’s insurance still cover me?
Yes, the other driver’s insurance will cover you even if you contributed to the accident. Under Florida’s pure comparative negligence rule, you can recover compensation even if you were 99 percent at-fault for the accident. However, your percentage of fault will decrease your settlement amount.
Consider the following: You crossed at an intersection when you did not have the right-of-way. A texting driver hit you while you were crossing. An investigation finds you both 50 percent at fault. If you asked for $50,000 in damages, you would only recover $25,000.
For this reason, it is imperative that you do not admit fault at the scene or agree to a recorded statement with an insurance adjuster. You could accidentally admit fault or say something the insurer can twist into an admission of fault.
Call Montero Law Center for help today.
If you have been injured in an accident in Florida and it was not your fault, contact the accident attorneys at the Montero Law Center for a free claim evaluation today: 954-767-6500.