Yes. Even if you did not have motorcycle insurance for the motorcycle which you were injured while on, Florida law allows us to make a claim against the driver and/or owner of the motor vehicle that caused the accident. Motorcyclists in Florida do not need to carry any insurance, also we advise all of our clients who are motorcycle riders to carry as much uninsured/undersinsured motorcycle accident insurance as they can afford. Hopefully, the person responsible for causing the accident (and your injuries) has bodily injury insurance (often referred to as BI). This will cover your medical bills, lost wages, pain and suffering, etc. The first step is to show the insurance company for the responsible party that their insured caused the accident. Generally, this is established by the other driver receiving a ticket. Even if the other driver was not ticketed, we still may make a claim against their motor vehicle insurance company if we can show that their insured was somewhat at fault. Your claim for injuries will be reduced by the percent which you contributed to the accident.
Under Florida law, motorcycle injury victims do not need to prove that they are permanently impaired in order to receive pain or suffering, mental anguish, loss of consortium etc. This is different from being injured while in a motor vehicle, where you have to prove that you are permanently injured. The most common insurance company (and defense lawyer) defenses are that the accident did not cause your injuries. This is particularly true in claims that the insurance company describes as soft tissue (no positive findings on an MRI). We have had and continue to have excellent results representing motorcycle accident injured victims.