Deconstructing Personal Injury Protection (PIP) in Cases of Motorcycle Accidents
Florida law does not require motorcyclists to carry personal injury protection (PIP) coverage. However, they do need to show financial responsibility when they register their motorcycle. The common reason given for not requiring a motorcyclist to carry insurance is their lack of protection if they are in an accident. Motorcycle accidents often result in severe injuries to riders, requiring extensive medical care and physical therapy.
Breaking down the insurance requirements in motorcycle accident cases can be quite complex and confusing. A Florida motorcycle accident attorney can explain how personal injury claims in motorcycle accidents are handled. They can also review your accident case, gather evidence, and file an insurance claim for your losses. You could be entitled to compensation for medical bills, pain and suffering, and lost income. There could even be other damages you had not considered.
PIP and Financial Responsibility in a No-Fault State
Florida is a no-fault insurance state. In a no-fault state, you would file an accident claim with your auto insurance company first. There are some advantages to no-fault insurance. For one thing, it covers you in case you are hit by a driver without insurance, or you were injured in a hit-and-run accident. It can provide compensation more readily than going through a lawsuit to determine fault. And, the compensation will cover medical bills and lost wages up to the policy limits.
But Florida law does not require motorcyclists to carry PIP. Instead, motorcycle riders must show financial responsibility under Florida Statutes § 324.031 to register their bikes. This responsibility can be demonstrated in one of three forms:
- A $10,000 / $20,0000 bodily injury and $10,000 property damage liability insurance policy
- A $30,000 certificate of deposit to a financial institution
- A self-insured certificate showing an unencumbered net worth of $40,000
The purpose of financial responsibility is to pay for any bodily injury and property damage the motorcycle rider causes. It’s not for their injuries if someone hits them.
The logic often given to exclude motorcyclists from carrying PIP is the motorcyclist’s exposure. A rider does not have the frame and safety a car provides. Passengers and operators are protected with steel, plastic, airbags, seatbelts, and a plethora of other features not available on a motorcycle. If a motorcyclist is hit, they will suffer serious injuries.
Motorcyclists Can Purchase Alternatives to PIP
There are alternatives to PIP, though. Motorcyclists can purchase Medical Payment (MedPay). In addition to pursuing compensation from the at-fault driver, MedPay insurance coverage would help pay the motorcyclist’s medical bills in the event of an accident. Riders can also purchase uninsured (UM) or underinsured (UIM) motorist coverage. UM and UIM cover the motorcyclist when the at-fault driver does not have sufficient coverage, the driver has no insurance, or the rider was in a hit-and-run accident.
Laws That Could Affect Your Motorcycle Accident Claim
There are a couple of state laws that could influence the outcome of your motorcycle accident case.
Comparative Negligence Could Limit or Bar You From Compensation
Under Florida Statutes § 768.81, anyone found to be 51% or more at fault for an accident is barred from receiving compensation for their losses. Insurers and adjusters may attempt to place a greater degree of blame on you in your motorcycle accident to lower their payout or deny compensation altogether.
Required Helmet and Eye Protection and the Exceptions
Riders are required to wear a helmet and eye protection per Florida Statutes § 316.211. However, motorcycle riders over 21 with an insurance policy of $10,000 or more for medical benefits can ride without a helmet. Riding without a helmet could be a point of contention during settlement negotiations.
Motorcycle Riders Have a Right to a Lane
Motorcycle riders are afforded the same rights to a lane as cars are. They may even ride side by side in one lane, according to Florida Statutes § 316.209. They cannot pass a car while in the same lane, though. This is lane splitting, and the action is illegal.
Questions regarding the point of impact and the motorcyclist’s and driver’s actions could require additional evidence, such as traffic camera footage, to clarify how the accident occurred.
The Statute of Limitations on Personal Injury Is Two Years
The statute of limitations is the legal deadline for a lawsuit. There are numerous statutes of limitations for all the various types of lawsuits a courtroom will handle. Florida Statutes § 95.11 sets the deadline for personal injury lawsuits, such as motorcycle accidents, at two years. The deadline starts on the day of the accident, and if you wish to file a lawsuit, you must do so before the end of the two years.
Insurance companies are aware of these deadlines, and some may try to delay resolving your claim in the hopes you miss the deadline. Without the right to sue, you may lose compensation.
Our Motorcycle Accident Lawyer Can Break Down Your Accident Case
The Law Offices of Wolf & Pravato can break down personal injury protection insurance and explain how motorcycle accident insurance works. Our fort lauderdale personal injury lawyers can also help you pursue motorcycle injury compensation for medical expenses, pain and suffering, and lost wages. Plus, we work on contingency, so there are no fees unless you win. Call (954) 633-8270 today for a free case review.
