FLORIDA MOTORCYCLE RIDERS

We have had some questions recently about insurance coverage for motorcycle riders. There is a lot of confusion out there, and rightfully so. Did you know that in Florida a motorcycle is not a “motor vehicle.” It doesn’t have 4-wheels so according to Florida law it is not a motor vehicle and as such insurance does not apply to your motorcycle as it does to your car or truck. Is that a big deal?

Anyone seen this? Driving to work in the mornings I have noticed a few new billboards popping up on 66th Street. The billboards depict a
sloppy guy in a bad suit with the words “Sick of Lawsuits” scrawled across the top and the following web url. I didn’t pay much attention to them the first couple of times but its not too hard to discern that they are taking a jab at plaintiff’s attorneys.

I recently spoke with a prospective client who was injured in a car crash and realized that there is some mass confusion regarding this issue. For the last year and half or so the radio and television have been bombarding the public with warnings about seeking medical treatment within 14 days of an auto accident. This has been done so in response to the new Florida PIP statute that was enacted back in January of 2013. Many 800 services and other “Lawyer Referral Services” have ran ads addressing this new 14 day issue and describing it as barring a car accident victim from seeking a claim after 14 days if no treatment has been sought.

Florida Drivers pay attention!!

A bill was just signed into law 06/24/14 and became effective 07/01/14 known as the “Aaron Cohen Life Protection Act.” This new law concerns duties of motorists involved in car crashes; “requiring the driver of a vehicle involved in a crash that results in serious bodily injury to a person to immediately stop the vehicle and remain at the scene of the crash; providing that a person commits a felony of the second degree if he or she fails to stop the vehicle and remain at the scene of the crash until specified requirements are fulfilled; requiring the court to revoke for at least 3 years the driver license of a person convicted of leaving the scene of a crash involving injury, serious bodily injury, or death, etc.”

The Florida legislature has toughened the state’s child safety seat law making them required for all children ages 5 or under. Starting in January, kids who are 4 and under can no longer be restrained with just a seat belt. They’ll have to have a booster seat.

Another phrase that I hear often from clients is “this is a no fault state right so no one is at fault for the accident right?”  It is correct that Florida is a quote unquote “no-fault state.”  Florida’s legislature has enacted a no-fault law that classifies itself as such.  I will first tell you that because Florida is a no-fault state it defiantly does not mean that no one is at fault in a car accident.  I will agree that the name certainly implies such and I will even go as far as saying the name itself is misnomer. 

One phrase that I hear often from clients is, “I’m good I have full coverage.”  My response to this in the most non-condescending way is, well what is full coverage?  It’s a very simple question.  A question that the answer is implied to one knowing if they are claiming to have it correct?  Take a moment to think about it yourself.  What is full coverage insurance?