Motorcycle Accident Insurance Payout — Safety Gear Can Affect Your Outcome
In Florida, everyone who rides a motorcycle under the age of 21 must wear a helmet that meets the DOT (Department of Transportation) requirements. If you are over the age of 21, wearing a helmet is optional as long as your insurance policy covers $10,000 or more in medical benefits as a result of a motorcycle accident.
Why You Should Wear A Helmet While Riding a Motorcycle
But, while wearing a helmet may be optional, it could affect the amount compensation you receive for injuries if you are involved in a motorcycle accident. The other driver involved can try to prove your injuries were caused by not wearing a helmet or other safety gear, your monetary compensation can be severely reduced. Insurance companies are also using the same mindset to reduce their payout.
This is where Florida’s Comparative Fault Rule comes into play. The Comparative Fault Rule explains that if two people are involved in an accident and are both partially at fault, each person will receive their total amount of damages minus the percent for which they were at fault. For example, if you have a total of $40,000 in damage/injuries, and you were found to be 20% at fault for the accident, you would receive $32,000.
Yes, accidents happen. But it is important to take precautions to minimize not only your injuries but the opportunity to decrease your settlement or insurance payout. Avoid the potential hassle and gear up! All The Gear, All The Time. At 911 Biker Law we are pledging to wear all of our safety gear each time we ride. Gloves, plants, helmet, shoes that cover our ankles — You name it, we will be wearing it.