Understanding No-Fault Insurance in Florida Motorcycle Accidents: Attorney Advice
In Florida, motorcycle riders do not have to carry personal injury protection (PIP) insurance. The state requires this coverage only for owners of vehicles with four or more wheels. Even if a biker has a PIP policy that covers a car, it applies only to their vehicle, not their motorcycle.
Still, riders should be familiar with Florida’s no-fault insurance system. If you ride a motorcycle accident in Florida, knowing the basics can help you understand what to expect if you get into an accident and want to take legal action.
Not Worth the Risk: Why Florida Motorcyclists Should Carry Bike Insurance
Riding around in Florida on an uninsured motorcycle is risky. If you get hurt, you won’t have insurance to cover your losses. West Palm Beach motorcycle accidents are particularly devastating because they cannot protect riders from vehicles, road debris, and other elements.
The medical bills incurred in these accidents can be staggering, and paying to treat severe injuries could take months or years, especially if the crash puts the injured rider out of work. Also, uninsured bikers who cause accidents might not have the money to cover other parties’ damages.
No-Fault Insurance in Florida Motorcycle Accidents Legal Tips From Lawyers
No-Fault Insurance in Florida Motorcycle Accidents do not require motorcyclists to have PIP. However, riders must have an insurance policy that provides at least $10,000 in medical benefits, per the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
If you live in a no-fault insurance state like Florida, below are some things to consider about motorcycle insurance. You can also talk with a fort myers motorcycle accident lawyer for legal advice.
Lawyer Tip: Consider Buying Bodily Injury Liability Insurance
Since you can be held liable for damages if you get into a crash on your motorcycle, having the proper amount of insurance can give you peace of mind. You can buy bodily injury liability insurance in coverage amounts that fit your situation. This coverage does not cover the rider who purchases it. In Florida, the minimum coverage amounts have a 10/20/10 limit, which means:
- $10,000 for one person with bodily injury
- $20,000 for two or more people with bodily injury
- $10,000 in property damage liability per accident
A 10/20/10 limit policy satisfies the requirements under Florida’s insurance laws that motorcycle riders provide proof of financial responsibility, as Florida Statutes § 324.021 states.
In addition to buying liability insurance, obtaining a surety bond or a certificate of self-insurance is another way to show proof of financial responsibility.
Lawyer Tip: Consider Purchasing Uninsured/Underinsured (UM/UIM) Insurance
According to the FLHSMV’s data, 6.72% of motorists statewide have more than one million registered vehicles without insurance coverage. That’s a lot of people riding around with no way to pay for an accident should one happen. Since that’s a possibility on Florida’s roads, bikers can buy UM/UIM insurance.
It can cover their damages if the at-fault driver doesn’t have insurance or enough insurance to cover their losses. This coverage could also cover hit-and-run crash damages. Whether the driver is found or not, injured riders can file a motorcycle accident claim against the policy.
Lawyer Tip: Check Your Health Insurance Policy, Which May Not Cover Motorcycle Crash Injuries
Although Florida allows motorcycle riders to provide proof of at least $10,000 of medical insurance, this may not help them if they get into an accident.
If you ride a motorcycle and want to use your health insurance, confirm that your policy covers motorcycle accident injuries. Call the insurance company if you are unsure about your policy’s language or coverage. You can also have a personal injury attorney review it.
How a Florida Motorcycle Accident Attorney Can Help Your Case
If you have been in a motorcycle accident in Florida, you can talk to a personal injury attorney who can explain Florida’s no-fault insurance laws and how they affect your insurance claim or injury lawsuit.
They can investigate the crash and collect evidence to determine who is at fault. If you have any percentage of fault in the accident, you could see a lower financial award or no award if your role is greater than 50%, per Florida Statutes § 768.81.
An attorney can fight against the opposing party blaming you for the accident. They will also assess your losses to determine how much compensation you can seek from the at-fault driver or another negligent party.
What Damages Can Injured Riders in Florida Motorcycle Accidents?
Since no-fault Florida insurance laws do not apply to motorcycle riders, they can do any of the following:
- Cover their accident costs.
- File an insurance claim with the at-fault driver’s insurer up to the policy’s limits.
- File a lawsuit against the at-fault driver.
Their recoverable damages can include:
- Medical expenses
- Rehabilitative therapy
- Loss of income
- Lost earning ability
- Pain and suffering (e.g., mental anguish, emotional distress, impaired quality of life)
- Property damage
- Other accident-related losses
Motorcycle riders do not have to meet a permanent injury threshold or prove they suffered a serious or permanent injury to pursue damages.
Call the Law Offices of Wolf & Pravato for Help After a Florida Motorcycle Accident
Trying to understand Florida’s no-fault insurance laws in motorcycle accidents can be confusing and may not get any clearer after a crash occurs. If you or a loved one is recovering from a collision, call our legal team today at (954) 633-8270 for a free consultation.
We will listen to your account of what happened, explain how the law works in your case, and advise you of your legal rights and recovery options. If we represent you, you don’t have to pay us in advance. We will only receive payment if we win your case. Reach out today to get started.