FAQ's: Your Questions Answered
FAQ's: Your Questions Answered
Pedestrian Accidents FAQs
It is no surprise that when a car and pedestrian or bicyclist collide, the pedestrian or bicyclist ends up getting the short end of the stick and suffers substantially greater physical injury than the driver of the car. While the driver of the vehicle often times sustains absolutely no injury at all, the pedestrian or bicyclist often is hospitalized, or at the very minimum, requires some form of medical care to treat the injuries they receive. Many times, that treatment can be extensive and very costly. So how, if an injured party does not have health insurance, are they able to get medical treatment for their injuries?
The State of Florida, through the Florida Motor Vehicle No Fault Law (627.700) requires any vehicle insured in the State of Florida to provide medical, surgical, funeral, and disability insurance benefits without regard to fault, to the named insured, relatives residing in the same household, persons operating the insured motor vehicle, passengers in such motor vehicle, and other persons struck by such motor vehicle and suffering bodily injury while not an occupant of a self-propelled vehicle (Florida Statutes 627.733), that may be injured as a result of a collision with that vehicle.
In the event that an injured pedestrian or bicyclist also owns a motor vehicle that is insured in the State of Florida, that person can qualify for up to $10,000 of benefits for medical case and lost wages, without a determination of who was at fault for the accident even if they were not driving a vehicle as long as the injury was caused by a motor vehicle. If the injured party did not own a vehicle, but lives with a relative that owns a vehicle that is insured in the State, the injured party would qualify for the same benefits under the relative’s policy. If the injured party neither owns a vehicle, nor lives with a relative that owns a vehicle, that is insured in the State, the injured party could qualify for medical benefits under the policy of the vehicle owned by the person who collides with them if their policy was a Florida policy.
As a result of the Florida Legislature’s awareness that not all people may have health insurance, and the need for people to receive medical treatment when involved in a pedestrian-motor vehicle accident, the Motor Vehicle No Fault Law provides injured pedestrians and bicyclists, an avenue to obtain medical treatment. Many states other than Florida may have similar provisions included in their insurance policies that may provide benefits to an injured party in the event Florida’s law does not apply to them. A careful reading of those out of state policies is necessary to determine what benefits are available to an injured party under those circumstances. In addition to medical benefits, injured parties may be entitled to compensation depending on the circumstances surrounding their accident.
When involved in a motor vehicle-pedestrian/bicycle accident, the assistance of an experienced, aggressive attorney is invaluable to protect your rights and insure you get all the benefits you may be entitled to. Dan Newlin & Partners are exactly those types of attorneys, always fighting for everything their clients are entitled to. Their experience of handling over 10,000 personal injury cases, and dealing with most major insurance companies, allows them the ability answer all of your questions in a timely and professional manner and to maximize the value of your case insuring that you receive all the benefits that you are entitled to. If you have any questions about what rights you may have as a result of being involved in a motor vehicle-pedestrian/bicycle accident, or any other type of accident, please call Dan Newlin & Partners at (407) 888-8000.