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I was on my bike and hit by a car who was deemed at fault; I am in pain but can’t see a doctor as I do not have health insurance; what are my rights?

This is another common question at the law firm.  Please accept this blog response from the accident lawyer in Boca Raton (injury attorney Lake Worth, accident lawyer North Palm Beach, injury lawyer West Palm Beach, accident attorney Royal Palm Beach, accident lawyer Wellington,  injury attorney Palm Springs, accident attorney Jupiter).

If you have been in a car accident, please call the Drucker Law Offices and attorney Gary J. Drucker today for a free consultation at 561.483.9199 for Palm Beach; 954. 755.2120 in Broward; or 305.981.1561 in Miami-Dade.

I have spoken about personal injury protection insurance (PIP) in prior blog entries.  The PIP laws generally apply to car accidents and car accidents has a pretty broad description under Florida law, and does generally include accidents when cars hit bicycles.   When on a bicycle, the PIP that generally would apply is:  1) if the bicyclist owns a car, that car’s PIP would pay the medical bills; 2) if the bicyclist does not own a car, then if the bicyclist lives with a relative that owns a car, then that relative’s PIP insurance would pay the medical bills and 3) if the bicyclist did not own a car nor live with a relative that owns a car, then the car that hit them, their PIP coverage would pay the medical bills, regardless of whether the car was at fault or not.

PIP would pay for 80 percent of the medical bills and it would pay regardless of fault; in other words, even if the bicyclist was deemed at fault or partly at fault, the PIP would still pay those bills.  It is important to note that PIP generally pays at 80 percent NOT 100 percent.

Of course, if the car was at fault, a claim could be made against the car’s bodily injury coverage for the other 20 percent of unpaid medical bills, and for wages and for pain and suffering if certain proof requirements are met.

Every case is different and the results may vary based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as the most slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or country could vary significantly from Florida.

Please call Drucker Law Offices for a free consultation for a possible personal injury case against the other at fault driver by calling us at (561) 483-9199 for Palm Beach (Boca Raton – principal office but also Boynton Beach and West Paln Beach satellite offices); (954) 755-2120 in Broward (Satellite office Coral Springs); or (305) 981-1561 in Miami-Dade (satellite office Miami).

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