If you have been hit while walking or riding a bike, and the offer you received feels low, there is a reason for that. These types of claims are often undervalued, especially early on.
At Marsalisi Law, we have spent more than 18 years helping injured pedestrians and cyclists across St. Petersburg push back against initial offers that do not come close to reflecting what the case is actually worth. Pedestrian and bicycle accidents involve some of the most serious injuries we see across our practice areas. There is nothing protecting you from the impact of a vehicle, and the injuries are often more severe than what we see in a typical car accident. But that is not always how they are treated.
The Insurance Company Playbook
Insurance companies often handle these cases using the same playbook as for other claims. Quick review, early offer, and a push to resolve things before the full picture is clear. That is where problems start.
How Blame Gets Shifted
Another factor is how blame gets handled. Even when a driver is clearly at fault, there is often an attempt to shift some of the responsibility onto the injured person. Maybe you were not in a crosswalk. Maybe they say you were hard to see. Those arguments come up more than they should, especially in busy areas around St. Petersburg.
And even when those arguments are weak, they can still affect the value of a claim, especially under Florida’s modified comparative negligence system, where compensation may be reduced based on your percentage of fault and may be barred entirely if you are found more than 50 percent responsible.
Why Timing Matters in How Claims Are Valued
Timing plays a role, too. Early medical bills might be covered under PIP, but that only goes so far. It does not account for ongoing treatment, time away from work, or how an injury can change your day-to-day life. In addition, PIP benefits may be limited or unavailable if initial medical treatment is not obtained within 14 days of the accident. A lot gets missed when things are evaluated too soon.
The Reality of Insurance Coverage Limits
There is also the reality of insurance coverage. Some drivers simply do not have enough coverage to fully compensate for the damage they cause. When that happens, it can limit what is available unless other policies or assets are in play.
According to the Insurance Information Institute, no-fault states like Florida operate on a system where PIP benefits apply first regardless of who caused the crash, but those benefits often fall short of what is needed in serious pedestrian and bicycle injury cases.
The Perception Problem
And then there is perception. Pedestrians and cyclists are sometimes viewed as unpredictable. Fair or not, that can influence how a claim is handled behind the scenes. The bottom line is this. The value of these cases is not just about the initial bills. It is about the full impact of the injury and what it takes to recover.
Talk to Marsalisi Law Before Accepting Any Offer
If something about the offer does not feel right, it is worth taking a closer look before making a decision. Working with Frank P. Marsalisi means getting direct attention from an attorney with more than 18 years of personal injury experience and over 300 5-star Google reviews from clients across the Tampa Bay region.
Marsalisi Law offers free consultations to help you understand what your case may actually be worth and what options you have moving forward. Before speaking with the insurance company, it is important to understand your rights and how these issues may affect your claim. Marsalisi Law is Where Law Gets Personal! To get started, please contact our office for a free consultation today.
