Jump To Navigation

Ask the Biker Chick Lawyer

I was hurt on the job, and now I can't work or ride my bike like I used to anymore. What can I do to make sure that I get the money that I need?

In Pennsylvania and Florida, worker's compensation law is meant to make sure that people who are injured on the job or disabled have the money they need to live on, and to cover medical treatment for their injuries so that they can possibly get back to work (and to their bikes)!

Worker's compensation awards are fixed, and they do not require litigation, at least initially. You have to file a claim with your employer, who then contacts their insurance company to pay out to you. Almost every employer in Pennsylvania and Florida is required to maintain Workman's Compensation Insurance. The Insurance Company will then work out a way to pay you, either through a lump sum settlement or periodic payments.

You need to consult with a Florida or Pennsylvania Worker's Compensation Attorney to be sure that you are receiving all of the money that you are entitled to under the laws of Florida and Pennsylvania. Although you may not require an attorney initially, you may want to consult with one to be aware of your rights, and make sure that you are receving a fair settlement.

If you're hurt on the job, you may not be able to ride for awhile. Make sure that you are aware of what you are entitled to receive as worker's compensation under the law. Contact me, the Biker Chick Lawyer at 1-855-432-4425, or send me an e-mail for a FREE INITIAL CONSULTATION on your Pennsylvania or Florida worker's compensation problem. I can also direct you to someone who can help you in other states.

I've been there, and I will be riding with you on the road and with the law. With my 20 years of legal experience and my 60,000 miles on the road, I will help you to get back to work and on your bike.

Which documents do I need to make sure that my family is taken care of if I get into a bike accident?

There are a few documents that you have to have in order to make sure that you and your prized possessions are taken care of in case something happens. First, you have to have a Will. In all states, including Florida and Pennsylvania, a Will makes sure that your property goes who you choose. For example, if you have two kids, one who rides and one who doesn't, then you might want to make sure that your prized Harley goes to your kid who rides, and who will use and treasure the bike. If you don't have a Will and something happens, then your state's intestacy laws (laws about inheritance) will dictate who gets what.

You also want to make sure that you have an executed Advance Medical Directive, which may or may not be integrated with your Will. In the case that you are in a serious motorcycle accident (or any other serious illness) and you end up in a Florida hospital, and you can't make decisions for yourself, then your doctor will have to follow your wished for medical treatment. By drafting a directive while healthy, you will also be sure that your family knows what you want to happen in the case that you can't speak for yourself. If not, then the pressure is on your loved ones to make the decision for you.

Finally, a Power of Attorney (POA) sets out who has the power to make decisions for you in the case that a serious accident makes you incapable of making them yourself. A Pennsylvania POA can be used for both medical and financial decision-making, and authorizes the Agent (the person who will be making the decisions for you) to make financial and medical decisions for you. A POA becomes effective upon execution, and is usually notarized and may require witnesses depending on state and county.

Making sure that your riding safe means that you have a plan in place in case things go wrong. Contact me, the Biker Chick Lawyer at 1-855-432-4425, or send me an e-mail for a FREE INITIAL CONSULTATION on your Pennsylvania or Florida legal problem. I can also direct you to someone who can help you in other states.

I've been there, and I can help you going forward. When hitting the road, don't be alone. With my 20 years of legal experience and my 60,000 miles on the road, I have the experience to make sure that no matter where you go, you will never be riding alone with the law.

I got a DUI. Can I still ride my bike?

If you are convicted of a DUI, the question of whether your license will be suspended depends on the facts of your case.

Bikes are controlled by the same DUI statute as cars. Therefore, the penalties for a DUI depend primarily on your blood alcohol content (BAC) at the time of the stop by the police, whether any person or property was injured/damaged in the accident, and whether you have had a DUI conviction in the past.

In general in Pennsylvania, if the DUI is your first offense, then you will have to pay a fine and attend traffic school, but a license suspension will not kick in. If, however, you have previously been convicted of DUI (even if in the past you took advantage of Accelerated Rehabilitative Disposition-ARD-, a program available in Pennsylvania that leads to expungement of your record) then your license will generally be suspended for some period of time. The court will be able to look back to the last ten years to check for any previous DUI convictions.

If you are a first time offender with a higher BAC, and you choose ARD, your driver's license may be suspended for a short period of time. In addition, if you refuse to take a Breathalyzer or blood test, then your motorcycle license will be suspended for a maximum of 1 year automatically.

In Florida, if you are charged with a DUI, even as a first offender, your license will likely be suspended for a minimum of 6 months. The period of suspension increases as the seriousness of the crime increases. If you do not comply with a Breathalyzer or blood test, a Florida court can order that your license is suspended.

The consequences of a DUI are serious, even if it was an innocent mistake and a first offense. It is important to contact me, the Biker Chick Lawyer, to help you negotiate the process and defend your right to ride.

I've been a lawyer for 20 years, and have already "been there, done that." I'm Lisa Vari, the Biker Chick Lawyer. I've been on the back of a bike for over 60,000 miles, and in court for over 20 years. With my legal experience, you will never be riding alone again in your legal problems.

If you are a biker and have a legal problem, contact me, Lisa Marie Vari, the Biker Chick Lawyer at 1-855-432-4425 for a FREE INITIAL CONSULTATION on your Pennsylvania or Florida legal problem. If your problem is in another state, contact me anyway and I'll put you in touch with a lawyer in your state who can help you.

My wife wants a divorce. Will I have to sell my bike if I owned it before I got married?

In Pennsylvania and in Florida, the process of dividing marital assets is called equitable distribution. As part of preparing for equitable distribution, there is a determination of whether any particular piece of property is marital or non-marital. There is a general presumption that everything obtained during the marriage is marital property. Anything that is marital property is generally subject to equitable distribution.

If you bought your bike before your marriage, then the bike itself is generally considered to be non-marital property, unless you put your wife's name on the title or specified that it would be treated differently in a prenuptial agreement. That means that the bike is not an asset that may be divided during equitable distribution. The increase in value of the bike from the date of marriage to date of separation will be considered marital property, however it is likely that this increase in value can be offset by your wife getting something else that the two of you both own. If your bike has decreased in value from your date of marriage, then as a non-marital asset your wife doesn't have a claim to take it from you.

However, the value of the bike will likely be considered by the Court in taking account of what you and your wife each have. She may end up getting more overall in equitable distribution if you have many more assets and higher income and earning capacity.

I've been a lawyer for 20 years, and have already "been there, done that." I'm Lisa Vari, the Biker Chick Lawyer. I've been on the back of a bike for over 60,000 miles, and in court for over 20 years. With my legal experience, you will never be riding alone again in your legal problems.

If you are a biker and have a legal problem, contact me, the Biker Chick Lawyer at 1-855-432-4425 for a FREE INITIAL CONSULTATION on your Pennsylvania or Florida legal problem. If your problem is in another state, contact me anyway and I'll put you in touch with a lawyer in your state who can help you.

I ride my bike very carefully, and wear a helmet every time. Do I really need to spend the extra money on Underinsured and Uninsured Motorist coverage?

Purchasing the correct level of insurance coverage protects you from the carelessness and recklessness of other bikers and drivers, even though you drive safely. Particularly in instances of underinsured (people who only purchase minimum insurance) and uninsured (people who do not carry any insurance at all) motorist coverage, although this higher level of coverage is not required, it pays to be protected. In Pennsylvania and in Florida, you don't want to be left out to dry in the case that you get into a motorcycle accident with someone who can't afford to compensate you for the damage to your bike and any medical injuries that you may have suffered.

Underinsured (UIM) and uninsured motorist (UM) coverage kicks in when you are hit by another at-fault driver who does not carry sufficient coverage to compensate you for your losses. You make a claim to your insurance company, who will then be able to pay for the difference between whatever the at-fault driver can pay towards your damages, and the limit on your policy. In the case of uninsured motorist coverage (UM), you are also protected in the case of a hit and run, or a random side swipe by a passing cager.

You may also want to consider purchasing stacking coverage for your UM and UIM coverage. Stacking will allow you to multiply the limits of your UM and UIM coverage across the limits of all of your vehicles (including both cars and bikes). This means that if the worst happens, you will have the coverage and protection that you need.

I'm Lisa Marie Vari, the biker chick lawyer. You want an attorney who rides, who can understand you. Never ride alone again: contact my team of motorcycle lawyers for a free initial consultation and let me help you navigate the roads of the legal system.

The phrase Biker Chick Lawyer and its accompanying logo are Registered Trademarks of Lisa Marie Vari d/b/a Lisa Marie Vari & Associates.

Contact Information

Manor Building, Penthouse Suite
564 Forbes Avenue
Pittsburgh, PA 15219
Phone: 412-281-9906
Fax: 412-281-9908

Vizcayne Tower, Suite 2202
244 Biscayne Boulevard
Miami, FL 33132
Phone: 305-290-4633
Toll-free: 1-844-BIKER-CHICK (1-844-245-3724)
Fax: 305-329-2563

Do You Have A Case?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close