Florida Motorcycle Accident Insurance Law

by | Motorcycle accident, Personal Injury

In Florida, motorcycle insurance coverage is not mandatory because motorcycles are not recognized as motor vehicles under Florida’s no-fault law. However, you must provide proof of financial responsibility to own a motorcycle.  For this reason, a motorcycle insurance policy is a viable solution for motorcycle owners.

If you are involved in a motorcycle accident, you may be financially responsible for damages, medical bills, and other expenses. The minimum motorcycle insurance coverage or proof of financial responsibility  that is considered full legal coverage in the state of Florida requires the following insurance:

  • $10,000 bodily injury liability coverage per person
  • $20,000 bodily injury liability coverage per accident
  • $10,000 property damage liability insurance.
  • $10,000 medical payments coverage

Motorcycles are not considered motor vehicles under Florida’s no-fault laws

If you are injured in a motorcycle accident in Florida, you are not entitled to Personal Injury Protection coverage. Personal Injury Protection, or PIP, only covers those injured in an accident with a vehicle that has four wheels. Therefore, when you are injured in a motorcycle accident due to the fault of another driver, you will need to set up a claim with the at-fault driver’s insurance company.  This is the only way to receive compensation for your injuries and damages. However, this process is not straightforward and can be highly complicated depending on the circumstances of your case.

The best thing you can do is to consult with a personal injury lawyer experienced in dealing with motorcycle accident cases.  An experienced lawyer will be able to advise you on what options you have, given your unique circumstances.  They can inform you of your rights, benefits and help you identify the appropriate compensation for your injuries. To receive compensation for a motorcycle accident injury in Florida, you must have sustained a significant or permanent injury. Often the insurance company will offer you a small settlement in hopes that you will go away without filing a more substantial injury claim. They will then ask you to sign a release stating that you waive your rights to sue the insurance company or the insured in the future. To avoid being under-compensated and facing out-of-pocket expenses, in the near-term or down the road, consult with a motorcycle accident attorney who will fight to get you the best compensation for your injury.

Other Florida Regulations for Motorcyclists in Florida

As part of Florida Statute 316.211, all motorcyclists must take safety precautions as follows:

  • Every cyclist under the age of 21 must wear a helmet.
  • All motorcyclists must wear eye protection
  • Drivers under the age of 21 must-have specific license plates

Quick Florida Motorcycle Accident Statistics from 2019

  • 8,895 motorcycle crashes occurred in 2019
  • 550 motorcycle fatalities
  • 7,719 injured motorcyclists and passengers

In reviewing this data, approximately 87% of motorcycle crashes result in injury to the Motorcyclist and/or their passengers. Additionally, 6% result in death. Therefore, the chances of being injured when you are in a motorcycle accident are significant.   Because of these alarming statistics, it’s essential to understand some of the most common causes of motorcycle accidents.

Common  Causes of Motorcycle Accident

  • Failure of other motorists to detect or see motorcycles due to the lower visibility
  • Head-on Collisions with Cars
  • Automobiles Making Left-Hand Turns.
  • Hazardous Road Conditions
  • Lane Splitting by the Motorcyclist
  • Speed
  • Alcohol Use

Common Injuries Resulting from Motorcycle Accidents

Broken bones, brain injuries and whiplash, are common injuries among all automobile accidents. However, because motorcycles lack any surrounding protective structure,  motorcyclists are prone to other injuries, including:

  • Brain injuries and concussions
  • “Biker’s Arm” – permanent nerve damage as a result of landing on one’s arm during a crash
  • “Road Rash” – occurs when the rider falls off his/her bike and slides along the pavement or gravel
  • Broken bones and joints
  • Facial disfigurement

 

No fees or expenses unless we win!

Orlando personal injury attorney Jeremiah Jaspon represents cases on a contingency fee basis.  Contingency means we cover all the upfront costs of research, investigation, building, and litigating your lawsuit.   You do not pay a dime unless we recover compensation on your behalf.  If we do not get compensation for your case, you pay nothing.

Additionally, we offer you a no-cost evaluation to determine if you have a case as a prospective client.  Schedule your consultation today at (407) 513-9515.

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Sources:

2020 Florida Statutes

Florida Highway Safety and Motor Vehicles Motorcycle Statistics Resource