In the state of Florida, auto insurance is only for cars. There is no obligation for a motorcyclist to have the same protections as an automobile driver. There is no personal injury protection requirement for motorcycles. Therefore, health insurance in Clearwater motorcycle accidents can be critical. Benefits of having health insurance include having a responsible party to ensure that individuals have the appropriate medical care at the appropriate times. They do not risk delays in medical treatment simply for lack of ability to pay.
If someone does not have health insurance and is injured in a motorcycle accident, the injured party may be able to make a claim against the negligent party if it is not them. Hopefully, that party has insurance or assets sufficient enough to cover the injuries they have sustained. Many drivers in Florida are uninsured or underinsured. Therefore, it is up to the motorcycle rider to ensure that they have enough medical coverage to cover whatever injuries they may sustain while operating their vehicle. Speak with an experienced motorcycle accident attorney regarding the role of your health insurance in your injury case.
Likelihood of Limited Recoveries
Health insurance in Clearwater motorcycle accidents involves the right of subrogation. This means that that insurance carrier has the right to recover whatever moneys are recovered from a third party. The person would have to pay back that health insurance. It is the same thing with the insurance that covers lost wages; they also have a right of subrogation. If the person collects against someone that was responsible for their injuries, the person may be obligated to compensate the person’s insurance carriers for money they paid out for the person because of the injuries or lost wages that the person suffered.
Insurance companies can ask for extra payment within their policy right when an individual pays to be insured. The policy right contains language that says that if the person recovers based on the injury, the insurance company has the right through subrogation to recover money they have expended. The law does not allow the person to double recover. The person’s insurance company paid for his or her medical bills and he or she gets the money for the medical bills; the person cannot have it both ways.
The carrier and the type of policy for health insurance in Clearwater motorcycle accidents will dictate how much of a subrogation interest that that carrier poses upon a driver. An attorney should review the policy and they will be able to tell the person exactly what the subrogation rights of the particular insurance carrier are. Some carriers require full reimbursement; some reduce the reimbursement for the percentage of recovery.
Impact of an Accident
It can negatively impact a person’s insurance rates because of the severity of the injuries in a motorcycle accident. The chances that the person’s insurance will increase are greater with a motorcycle accident, because the insurance companies consider risk based on the amount of money that they could potentially have to pay for a particular insured. Other factors include whether they were wearing a helmet and whether they have the appropriate licensing to operate the motorcycle, which will determine whether the insurance company will even cover the client.
The first thing they should do is contact an attorney to communicate with their insurance carrier to determine exactly what the obligations of their health insurance in Clearwater motorcycle accidents. Lawyers that handle these types of cases are well versed in dealing with insurance companies and with specific issues that arise in motorcycle accidents. They will be able to guide someone and make sure they are protected.