With the weather starting to get warmer and summer right around the corner, the number of motorcycles on Florida roads will soon see an enormous increase. Unfortunately, that also means the number of riders injured in motorcycle collisions will also be on the rise. As an experienced rider, I know all too well how motorcyclists are often overlooked or go unnoticed by drivers not paying close attention to the road. I myself have been involved in several “close calls” and have represented numerous individuals who were not lucky enough to get out of harm’s way.
If you are like me and plan to enjoy Florida’s open road on your motorcycle please understand there are several important differences between the requirements for Florida automobile insurance and Florida motorcycle insurance that could adversely impact the way you are compensated in the event of a motorcycle accident.
Motorcycle Insurance Not a Requirement in Florida
Many people are surprised to learn that the State of Florida does not require any proof of insurance in order to register a motorcycle. However, keep in mind that should you be found at fault for an accident you may be subject to a lawsuit for property damage and injuries for which you will be personally responsible. Additionally, if you are borrowing money to purchase a bike, the lender will almost certainly require some type of insurance.
Financial Responsibility Requirements for Florida Motorcyclists
While Florida does not require motorcyclists to carry insurance, that does not mean you are free from financial responsibility if something goes wrong. Under Florida law, if you are involved in an accident and found to be at fault, you can be held personally liable for all resulting property damage and bodily injuries, meaning funds would be coming directly out of your own pocket. Unlike automobile drivers, who are required to carry a minimum of $10,000 in property damage liability coverage just to register their vehicle, motorcycle riders have no equivalent mandate standing between them and a potentially devastating lawsuit. I have seen riders lose everything (savings, property, future wages, etc.) because they assumed that no insurance requirement meant no financial risk. That assumption can be catastrophic. If you ride, I strongly encourage you to carry liability coverage that can protect your personal assets in the event you are ever responsible for an accident. The cost of a solid policy is a fraction of what a single lawsuit can cost you.
Florida Personal Injury Protection (PIP) Law
Interestingly, in Florida, motorcycles are not considered motor vehicles under Florida’s no-fault law (commonly referred to as PIP). This means that should you be injured in a motorcycle accident you will not be entitled to the $10,000.00 in medical and lost wage benefits that you would otherwise be entitled to in a motor vehicle accident. Some Florida insurers provide special PIP coverage for motorcycles, however, this type of insurance is not a requirement, nor is it regulated by state statute.
No-Fault Laws and What They Mean for Injured Motorcycle Riders
One of the most misunderstood and frankly unfair aspects of Florida law for motorcyclists is how the state’s no-fault system treats them — or more accurately, how it does not treat them. Florida’s no-fault law requires automobile drivers to carry Personal Injury Protection (PIP) coverage, which provides up to $10,000 in immediate medical and lost wage benefits after a crash, regardless of who caused it.
Motorcycles, however, are not classified as motor vehicles under Florida’s no-fault statute, which means motorcycle riders are entirely excluded from PIP benefits. If you are seriously injured in a wreck, you cannot tap into that automatic safety net. Instead, to recover compensation for your medical bills, lost income, and pain and suffering, you will typically need to pursue a claim directly against the at-fault driver. That process takes time, and insurance companies will fight you every step of the way. This is exactly why having an experienced motorcycle accident attorney in your corner matters so much. At Fasig | Brooks, we know how insurance companies think, and we know how to fight back against unfair tactics. If you or someone you love has been injured in a motorcycle wreck in Florida, you can call us today for a free consultation.
Uninsured/Underinsured Motorist (UM) Coverage
It is extremely important to make sure your insurance policy contains UM coverage. This coverage will compensate you for damages you sustain should you be injured by a driver that does not carry liability insurance. You would be amazed at how many vehicles on Florida roads do not carry bodily injury (BI) insurance to compensate for injuries caused by negligent driving.
Florida Helmet Law
Helmets are not required for bikers in Florida that are over the age of 21. However, should a rider over the age of 21 decide not to wear a helmet while operating his/her bike (which I would not recommend), that rider must carry proof of at least $10,000.00 in medical insurance coverage.
The decision to forego wearing a helmet also carries significant legal and financial consequences in the event of an accident. Studies consistently show that unhelmeted riders are far more likely to sustain traumatic brain injuries, which can result in mounting medical bills, long-term rehabilitation costs, and reduced earning capacity.
The $10,000 insurance requirement, though mandatory, often falls drastically short of covering real-world medical expenses following a serious motorcycle crash. Emergency room visits, surgeries, and ongoing neurological care can easily reach hundreds of thousands of dollars, leaving unprotected riders personally liable for the remainder.
From a personal injury standpoint, riding without a helmet can also affect your compensation in a lawsuit. Florida follows a comparative negligence standard, meaning a jury could reduce your damages if they determine that your choice not to wear a helmet contributed to the severity of your injuries.
Please keep these differences in mind when purchasing your motorcycle insurance in Florida. Riding in Florida can be a great way to save money on fuel costs or spend your leisure time, but, be sure to have appropriate insurance in place should tragedy strike. As always, ride safe and I hope to see you on the road this Summer!
