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How to get your medical bills paid in a Florida moped accident

Posted by Guy DiMartino | Jun 12, 2015 | 0 Comments

South Carolina DUI attorney Dale Savage wrote an interesting article on Mopeds and DUI law in the state. The current law in South Carolina is that a moped is not defined as a “motor vehicle” so DUI would not apply to riding a moped drunk. The legislature is trying to fix the loop hole in South Carolina. A few years ago, the Georgia Supreme Court ruled that a riding lawnmower was not a “motor vehicle” in a theft case, I wonder if the same would hold true if someone was pulled over for drinking and driving a lawn mower. 

Mr. Savage's article brings up a pretty common occurrence in Florida when folks on mopeds are hit and injured by a car. The issue is whether the injured person is entitled to Personal Injury Protection (PIP)or No-Fault benefits to pay for their medical care.

PIP Refresher

As a reminder, all people who have a registered motor vehicle in Florida are required to purchase two types of insurance: PIP and Property Damage. If you are injured in a motor vehicle accident, you are entitled to receive up to $10,000 (depending on the nature and extent of your injuries) for medical care regardless of fault. The strange thing about PIP is that the insurance follows the person. To explain, if I own a car and have complied with the law and purchased PIP, my PIP would pay my medical expenses if I was my neighbors vehicle when the accident happened. So the question becomes, if I'm on a Vespa or a Moped and I'm injured, will my PIP pay for the meds?

What are the issues with a Moped?

The issues in a moped case revolve around whether the moped should be classified more like a bicycle, in which PIP would apply, or a motorcycle, where there is no PIP. The law uses the term “self propelled vehicle.”

Here is a real factual scenario. A guy is on his moped, which has a braking power of 1.5. He is struck by a car and injured. He submits a claim to his insurance company to pay his meds and the company denies coverage because it believes the moped is a “self-propelled vehicle.” The courts that have looked at this issue ask the question is it more like a bicycle or motorcycle. So the questions that we have to ask are:

Can the moped be pedaled? if yes, you will probably be entitled to PIP. If no, it is will be considered more like a motorcycle.

What is the horsepower and top speed of the moped? If the moped has lower the horse or braking power and the lower the top speed, the better chance we have of getting PIP to apply.

Finally, if the moped needs to be registered, it will be considered more of a motorcycle and PIP will not apply.

These are the reasons that it is important to consult an attorney who focuses on car accident law immediately after a Central Florida moped accident. If you do not qualify for PIP, you start your personal injury case $10,000 bucks in hole. If you have any questions about a Leesburg car wreck, Call (352) 267-9168.

Photo attribution: Image courtesy of dan at

Guy S. DiMartino, DC, JD, PA
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Phone: 3522679168

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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