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By jmaroney on March 6, 2009
Just Another Piece of Advice Concerning Motorcycle Accidents
Hopefully, everybody is having a great time at Bike Week. The weather is beautiful here this weekend.
Just another piece of advice concerning accidents and medical bills: Because the no-fault law does not apply to motorcycles, there is some issue concerning who is going to pay your medical bills. Health insurance companies tend to delay paying bills when there is a motor vehicle accident because the no-fault laws in most states make automobile insurance primary over health insurance. Your health insurance company will need to be educated concerning their obligation to pay all medical bills from the very beginning unless there happens to be medical payment coverage on the motorcycle. Then, that coverage would come first.
When we represent someone who has been involved in a motorcycle accident, because there typically is no insurance for medical bills on the motorcycle, we try to find competent physicians who will treat and agree to be paid when the case is resolved. If you have any questions concerning medical bills, health insurance, automobile insurance, motorcycle insurance and those types of things, please feel free to call me anytime for free advice. You do not need to hire me to get advice concerning these types of things.
By jmaroney on February 27, 2009
National Highway Traffic Safety Administration Statistics
As you travel to Daytona and enjoy Bike Week here in Florida, including the Orlando area, please remember to wear your helmet. Also remember to have uninsured motorist coverage available on your motorcycle. The National Highway Traffic Safety Administration conducted a study three (3) years following Florida’s decision to repeal its mandatory helmet law in 2000. There were 933 motorcyclists killed. The number of Florida motorcycle deaths increased 81%, an increase from the 515 bikers killed from 1997 – 1999. While Florida law requires helmet use by riders under 21, fatalities nearly tripled in the three (3) years after the repeal, and 45% of those killed were not wearing helmets. While some of this can be explained by more motorcyclists on the road, along with more racing and other activities, the importance of wearing a helmet cannot be ignored. I know it is really fun to go without a helmet and to enjoy the air and freedom. However, if you are riding in an area where there are automobiles, trucks and especially young drivers on the road, unaware of motorcycles, it is always best to wear a helmet. I remember when I graduated from law school, still in Gainesville, a “cager” actually looked at me, acknowledged that I was on a motorcycle heading towards her, and still made a left turn in front of me. I don’t know to this day what was going on in her mind, but of course always assume that a car is going to turn left in front of me and doesn’t see me, even if they are looking right at me riding my motorcycle. Please be careful!
By jmaroney on February 27, 2009
Death and Injury Can Be Avoided With The Use of a Helmet
As you know, helmets are no longer required in Florida with proof of health insurance. However, ever year we see accidents, many at very slow speeds, where there are head injuries that could have been prevented with the use of a helmet. Last year, by Tuesday, March 4, 2008, there were five (5) deaths already reported during Bike Week. Let’s make sure that this year is a safe Bike Week with no deaths, few injuries and no head injuries because of the use of helmets whenever possible.
Have a great time and be safe!!
By jmaroney on February 27, 2009
Bike Week Events
Now that everyone has checked their insurance policies to make sure they have uninsured and under-insured motorist coverage on their motorcycle or on their vehicles which can be used while riding a motorcycle, it is time to look at the Bike Week Events this weekend. Be sure to catch the Greg Allman concert Saturday at the Coca-Cola Pavilion at Destination Daytona. Tickets are $37.00 the day of show. There is also a Blessing of Bikes at St. Paul Church at 9:30 a.m. Sunday. Motley Crue lead singer Vince Neil will be performing a free concert at 10:00 p.m. Sunday at Wise Guys Watering Hole in Daytona Beach. There is also the American Veterans Traveling Tribute and Traveling Wall visiting the Daytona International Speedway through March 8th. Some of the main Bike Week venues beyond Main Street include: Riverfront Park, Beach Street in Daytona Beach, Daytona International Speedway and the Daytona Flea Market. There is also activity at Destination Daytona at the New Smyrna Beach Airport. The Sixth Annual Art of Chrome and Leather at Museum of Florida Art in DeLand should also be interesting, as well as the celebrity ride on Sunday at 11:00 a.m. at the Museum of Florida Art and at the Daytona Beach Kennel Club.
Have a great time!
By jmaroney on February 27, 2009
Make Sure You Have Uninsured/Under-Insured Motorist Coverage
As we approach Bike Week here in Daytona Beach and Orlando, Florida, it is important that all of us check to make sure we have Uninsured and/or Under-Insured Motorist coverage available while riding a motorcycle. I strongly encourage everyone to call their insurance agent immediately and make sure they have uninsured motorist coverage available in the event that they are injured from a hit-and-run, phantom vehicle or car that has inadequate insurance. Please remember that in Florida, a car is not required to carry Bodily Injury Liability insurance. In other words, drivers in Florida are not required to carry insurance that covers you in the event they are negligent and hurt you. Many vehicles are uninsured here in Florida or have the minimum $10,000.00 liability policy people can get here, if they elect to have this coverage at all. Uninsured Motorist coverage stands in the shoes of the liability carrier that would have provided coverage. One way to get Uninsured Motorist coverage on your motorcycle easily, at least based upon Florida insurance rules, is to have “stacked” uninsured motorist coverage on your automobiles. If your automobile uninsured motorist coverage is stacked, it should apply to you while riding a motorcycle that does not specifically have uninsured motorist coverage. It is also important to make sure that your uninsured motorist coverage is “stacked” because this will provide more coverage to you in the event you are hurt and there is inadequate liability coverage. All uninsured motorist coverages can be added together rather than having to select the one coverage that applies to the vehicle you are on. Uninsured motorist coverage that is not stacked on your automobiles will not apply on your motorcycle in many circumstances.
I hope everyone has a great time at Bike Week in Daytona Beach and Orlando, is accident and injury free, and enjoys the many concerts and activities that will be available during the next week.
If you or a loved one has been injured in Central Florida, schedule an appointment at the Law Offices of Richard B. Troutman for a review of your case.
Law Offices of Richard B. Troutman, P.A.
1101 North Kentucky Ave.
Winter Park, Florida 32789
Ph. 407-647-5002
Fx. 407-647-2050
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