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I was struck by a car that was pulling out of a parking lot while I was riding past the driveway. What am I legally entitled to?




If you own a car or reside in a household with an insured driver, under Florida law you should be covered through that car’s Personal Injury Protection (PIP) benefits. Even if you don’t own a car or have insurance, you may be entitled to benefits through the insurance company of the driver who hit you.

However, PIP benefits don’t usually cover the total expenses that you may have incurred. While you can get reimbursed for your damaged bike, medical bills, and lost wages, you will only receive a percentage—not the full amount of your losses. This is why you should speak with an accident attorney to find out how to file a claim against the driver.

When a driver fails to yield the right-of-way or is negligent at the wheel, you have the right to file a claim against that driver to recoup your medical bills, lost income, property damage, and pain and suffering. Drivers should always use caution when entering or exiting driveways and should be held responsible when failing to drive safely.

Make sure you don’t miss your window of opportunity to file a claim since there are strict time limits involved. To learn more about your rights to pursuing a financial recovery and the compensation you may be entitled to following a bicycle accident and injury, you should order a complimentary copy of our book, What You Need to Know After a Florida Auto, Truck, or Bike Accident.

Damian Mallard, Esq.
Board Certified Sarasota Personal Injury Attorney