MEMORANDUM

Dear Charlie - In my law practice representing persons injured by the negligence of others, I have found several truths that I wanted to share with the HOG Club in the form of an article that members may find helpful. I would also like to offer my services as club legal adviser and address any future legal issues that the club deems of interest.

I see many people in my office that have been hurt in accidents, and one of the first questions that I ask them is what type of insurance do you have? Invariably, they tell me that they have "full coverage". Believe me, there are as many definitions of that term as there are insurance companies. Your insurance policy is a contract, and, unfortunately no two are the same, and rare is the policy holder who reads it. Since motorcycle accidents tend to injure the rider more often and more seriously than auto accidents, there are a few things Harley riders should know.

Regarding insurance, Florida Statutes Chapter 627.733, 736, 7275 and 324.021 require all motor vehicle owners to carry certain minimum insurance coverages. Florida Statutes 627.736 requires all vehicle owners to carry Personal Injury Protection of $10,000 to cover them for injuries sustained in any motor vehicle accident. This coverage pays the insured or your passengers who don't have there own coverage 80% of their medical bills and 60% of their gross lost wages, regardless of whose fault or negligence caused the accident. Thus, the term "No Fault". However, the law giveth and the law taketh away, because it allows insurers to sell these policies with up to a $2,000 deductible, which means your Medical bills don't get paid until they exceed $2,500, and the limit of payments is really only $8,000.

Under Florida Statute Chapter 627.7275, all motor vehicles must carry a minimum of $10,000.00 in property damage liability coverage, (this covers you for damage to property only caused by you or anyone driving your car with your permission) OR provides coverage in the amount of at least $30,000 for combined property damage liability and bodily injury liability in any one accident. Thus, this section does not require owners to carry any bodily injury liability coverage, it merely gives auto owners that option. Therefore, the only coverage required to have a vehicle legally registered and insured on the roads of Florida is PIP and 10K in property damage liability coverage. Furthermore, in order for you to have a viable claim for intangible damages (pain and suffering, loss of ability to enjoy life, inconvenience, etc.) your lawyers have to prove that you have sustained permanent injuries or significant scarring or disfigurement or death. FA 627.737.