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Who Pays Medical Bills After a Florida Motorcycle Accident?

A printed medical billing statement with a stethoscope on top of it

Your medical bills will generally be reimbursed by one or more insurance companies. However, the state’s “no-fault” liability laws and disputes over who caused the accident will often generate disagreements over which insurance carrier is responsible. For assistance and legal representation to get your medical bills paid, call the law offices of Kogan & DiSalvo in Boca Raton to consult with a motorcycle accident attorney about your insurance claims for reimbursement.

The insurance companies responsible for paying your medical bills have incentives to delay or reduce the reimbursements they owe to you. When you retain our services, we will level the playing field with our dedicated attorneys. Contact us today for a free consultation.

Your own health insurance is your first resource for payment of your motorcycle accident medical expenses

An insurance adjuster with a clipboard examining the scene of a car accident

Florida’s “no-fault” laws require motorists to carry personal injury protection (PIP) insurance, but that requirement does not extend to motorcycle riders. Nonetheless, people over 21 who want to ride without wearing a helmet must carry at least $10,000 in health insurance coverage. It typically reimburses the rider’s medical bills following an accident, subject to the limits of the coverage.

The party that caused the motorcycle accident is also liable for paying a rider’s medical bills

Person driving a motorcycle through floodwaters on the side of the road

In serious motorcycle crashes, the rider’s medical bills are likely to be substantially greater than the limits of medical insurance they carry. Because of this, most injured riders will need to file a negligence lawsuit against the at-fault motorist who caused the accident.

The insurance company that covers the at-fault motorist will likely argue that the rider bears some responsibility for their negligence while on the bike. Under Florida’s pure comparative negligence rule, the rider’s right to recover reimbursements from the at-fault driver’s insurance company will be reduced in proportion to the rider’s share of the blame.

If, for example, the rider incurs $100,000 in medical bills but is deemed 50% responsible for the accident, then they will be able to recover only $50,000 from the negligent driver. However, their motorcycle accident lawyer will use all of the facts and evidence of the accident to assign as much fault to the driver and to recover reimbursement for the maximum amount of the injured rider’s medical costs.

Verify that all of the rider’s medical bills are accounted for when seeking insurance reimbursement

A woman with a head injury after a motorcycle accident being examined by a police officer

A rider’s medical bills from a motorcycle accident include all costs and expenses associated with treating injuries and assisting in their full recovery. The more common costs and expenses include:

  • Invoices from all treating physicians
  • Costs of transporting an injured rider to an emergency room
  • All costs and expenses associated with surgery and hospital recovery
  • X-rays, CT scans, and all other diagnostic tests ordered by physicians following the accident
  • Physical and occupational therapy 
  • Modifications of living space to facilitate mobility while the rider recovers from injuries
  • Medical devices, such as walkers, crutches, braces, and wheelchairs

An insurer that wants to resolve a motorcycle accident case quickly might make an early settlement offer that excludes consideration of ongoing medical bills. The injured rider should consult with a lawyer before signing any releases or acknowledgments that all medical costs and expenses have been paid. Once a release is signed with an insurer, the rider will be foreclosed from seeking further recovery.

Call Kogan & DiSalvo for Legal Representation to Recover the Full Amount of Your Medical Bills

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The motorcycle accident lawyers at Kogan & DiSalvo understand the challenges of a rider’s recovery from injuries following an accident. However, getting the reimbursement you deserve to pay medical bills and expenses should not add to those challenges.

Call our Boca Raton offices or any of our satellite locations in Southern Florida to schedule a free consultation. An attorney can fight to get your medical bills paid and recover damages for all of your losses and injuries after a negligent motorist has caused your accident. When you need a full-service law firm that takes cases on a contingency basis, you can depend on our team.

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