What are the Legal Rights to Compensation for a Child Injured in Florida Bicycle Accident?
When a child is injured as a result of a bicycle accident in the State of Florida , there typically are many questions by the parent and challenges for the injured child. Because of the complexity of these legal cases and claims, it is important for the parent or guardian to get legal advice and representation from a Florida Child Injury Lawyer. Insurance adjusters, risk managers, and attorneys are in place to protect the interests of the insurance company. The injured child should get representation from a Florida Personal Injury Attorney as well. The rights to damages and compensation should be discussed with the attorney. It is vital that the child's interests are protected and enforced when necessary to ensure fair and equitable compensation for medical bills, pain, suffering, and loss of enjoyment of life associated with personal injuries in a Florida Bicycle Accident.
When a child is a victim of a Florida Bicycle Accident, here are some of the sources of compensation:
PIP Coverage Under the Automobile Policy of the Parent or Resident Relative. Even though the child was injured while riding a bicycle and not in an automobile, there may be coverage for payment of medical bills through the automobile insurance policy for the parent or resident relative. PIP (Personal Injury Protection) will typically pay for 80 % of the child's medical bills reasonably related to the bicycle accident. Typically, PIP coverage is primary to health insurance coverage. In other words, medical bills must first be submitted through PIP rather than through health insurance.
PIP Coverage Under the Automobile Policy of the at Fault Owner or Driver. If the child does not qualify for coverage under a PIP policy through the parent or resident relative, then the child may qualify for PIP coverage under the policy of the at fault driver or the at fault owner.
Health Insurance. If the child has health insurance, these benefits may be available as a secondary form of payment (if there is PIP) for accident related medical bills.
Bodily Injury Insurance Under the Automobile Policy of the At Fault Owner or Driver. In Florida, bodily injury (BI) coverage is optional. Some drivers / owners have bodily injury coverage in place and some do not. If the at fault driver or at fault owner have BI coverage in place, the injured child, through his or her attorney, can pursue case or claim for damages under the policy. A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.
Uninsured Motorist / Underinsured Motorist Coverage of the Parent or Resident Relative. Like BI coverage, UM coverage is optional as well. If the parent or resident relative has UM coverage, this coverage may be a source of compensation for the injured child. A claim or case can be pursued for damages related to medical bills, pain, suffering, loss of enjoyment of life, and other damages.
Liability Insurance. If the child is being supervised by another adult, day care center, school, or other child care provider, there may be a case to pursue against the person and / or business entity for negligent supervision. If there is Homeowner's or Commercial Liability coverage in place, a claim or case can be pursued for these insurance benefits as well.
The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other damages. This book can be obtained for free at The ABCs of Child Injury.