Florida law does not require adequate insurance for motorcyclists. Adult bikers may ride
without helmets provided they carry $10,000 in insurance to cover their own medical costs.
Consider this information; five years ago, the National Highway Traffic Safety Administration found
that the average hospital cost to treat a head injury in Florida was $45,602.
Although
Florida’s no-fault, personal injury protection law does not apply to motorcycles, the
financial responsibility law applies to all motor vehicles in the state. If you fail to carry
property damage and bodily injury liability insurance and you are involved in a crash, you may lose
license/tag and registration, you may have to pay restitution or a civil court judgment to the other
driver, and you may have to show future proof (three years) of high risk, SR22 mandatory liability
insurance coverage just to keep your driver license - even if you do not own any motor
vehicles.
The very best practice in dealing with your insurance company is to purchase
reasonable coverage, including liability coverage, for your motorcycle.Rule number two is to think
carefully about how you use your motorcycle, so you can explain your driving habits to your
insurance agent, who will evaluate your exposure or risk.You may qualify for a lower insurance
premium if you participate in training beyond the required basic rider courses. Experienced
rider suites and on-road lessons are available.
If you do have to make a claim on your
motorcycle insurance, here are some tips for smoothing out the process:
- Anticipate
problems and create a place to keep records.
The first step in dealing with insurance companies
is to accept the fact that you are likely to experience payment or other problems. Insurance
companies process billions of claims annually in the United States and problems are
inevitable. Keep your policy and any documents relating to your claim where you can easily
retrieve them. - Clarify the company's basis for its action or position.
If you
must dispute an action taken by your insurance company, you need to know why the company is taking a
particular position. Ask politely for an explanation. - Gather relevant information.
Your policy and all amendments to it, copies of receipts for things like medical bills, repairs,
motor vehicle rentals; accident reports; and notes about conversations with your agent can all be
important. Similarly, think about official documents that might support your position - for example,
insurer ethics codes or, provisions of state law. - Be cordial; get tough only if you need
to.
Start with a cordial phone call or email and become more assertive only if your polite
approach does produce results. Some people have a strong bias against bikers; you will disarm them
if you are unexpectedly polite and reasonable. Maintaining a pleasant tone is particularly
appropriate if you have an established relationship with your agent. You can be assertive
without being aggressive or unreasonable. - Create a paper trail.
Keep notes documenting
all your conversations that include the date, the name and title of the person you spoke with, the
phone number you used and a summary of the conversation. If your initial cordial attempts do
not resolve your problem, build your paper trail by putting communications with the company in
writing via email or registered letter. - Keep your communications concise. Company employees
typically handle large volumes of information and don't have time to wade through a long explanation
of a problem or issue. Your communications should be short, direct and to the point.
- Ask
for what you need from the insurer. More important than stating your complaint is being clear about
what you want your insurer to do, for example, simply answer a question or authorize a repair.
- Engage people and resources that may give you leverage. Some companies are more responsive
when you demonstrate that you know how to use leverage: your attorney (be sure you have one),
the state insurance commissioner, even your agent.
- Be ready to go higher up the chain of
command. If your initial company contact is not helpful, do not hesitate to elevate your problem to
the next level. Politely ask for contact information for the person's supervisor. That individual
may be more knowledgeable about company policies and have the authority that a lower level employee
does not have to resolve matters.
- Be persistent! Some companies will pressure you to accept
an initial, low settlement of your accident claim. Don’t cave into pressure. Be just as
persistent as they are. Rely on your Orlando motorcycle
accident attorney to help you negotiate.
Above all, if you are involved in a
motorcycle accident, do NOT believe that you can handle your insurance company settlement by
yourself. Insurance companies do not set out to cheat their policy holders, but their first
responsibility is to their shareholders, not to you. You deserve an experienced Orlando
motorcycle accident lawyer.
This article provided by:
Umansky Law Firm
1945
East Michigan Street
Orlando, Florida 32806