Florida motorcycle laws are unique compared with other states. While most states have motorcycle insurance laws that are comparable to other motor vehicle laws, Florida does not require the same level of insurance.
Drivers of motor vehicles with four wheels or more in Florida must carry personal injury protection (PIP). When you file a claim within 14 days, this guarantees payment of…
- Up to $2,500 in medical bills
- Up to $10,000 in emergencies
However, PIP coverage isn’t available to motorcycle owners—even if they already carry PIP for another vehicle.
Since injuries in a motorcycle crash are likely to be more damaging, bikers are at greater risk of financial disaster after a severe collision.
Motorcycle Registration in Florida
Florida motorcycle insurance companies set their requirements based on the owner’s financial responsibility against liability. Therefore, the registration process does not require a motorcycle operator to carry insurance to register their motorcycle.
However, the driver is still financially responsible if charged in a bike accident. A motorcycle owner has three financial responsibility options from which to choose.
- Secure a Financial Responsibility Certificate: To get this certificate, you must post a surety bond with a state-licensed company and deposit securities or cash with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
- Purchase liability insurance from a licensed Florida insurance carrier: This is the most common way of obtaining coverage.
- Obtain a Self-Insurance Certificate from the Bureau of Financial Responsibility: You can do this after providing evidence of a net encumbered capital. In other words, you must prove that you have the money available to pay for your share of the losses if you are in an accident.
When Would You Be Required to Have Bodily Injury Liability Insurance in Florida?
The state’s minimum liability coverage requirements for other passenger vehicles are guidelines that a motorcycle rider can use to determine the amount of coverage needed. Minimum coverage includes:
- $10,000 for one person with bodily injury
- $20,000 for two or more people with bodily injury
- $10,000 per crash in property damage liability.
Does Florida No-Fault Coverage Apply to Motorcycles?
Florida is a “no-fault” state requiring personal injury protection coverage for your vehicle of four wheels or more. No-fault coverage ensures that all medical bills will be paid regardless of who was at fault in an accident. No-fault laws do not apply to motorcycles.
This means that a motorcycle driver must seek fair compensation from the other driver’s insurance for lost income, medical expenses, pain and suffering, medical care, and damage to the motorcycle. They are not required to meet any threshold or prove the severity of injuries, as are drivers of other personal vehicles.
It is potentially beneficial for a motorcycle owner to secure uninsured motorist coverage (UMC) in case of a collision with an at-fault party that does not carry liability insurance.
Approximately 13% of drivers nationwide are roaming the public roadways without insurance. The number of uninsured motorists in Florida is often ranked one of the highest in the nation.
The lack of insurance is scary if one of these drivers severely injures you, and there is no insurance company to compensate you for your losses.
For a free legal consultation, call 833-552-7274
What Are the Penalties for Not Having Motorcycle Insurance in Florida?
Although motorcycle insurance protection is not required to register a bike in Florida, there are penalties if you are involved in an accident and do not meet at least minimum insurance requirements. If you were charged with an accident, you are financially responsible for bodily and property damage coverage.
- If no liability coverage was in effect at the time of the accident, you could face significant ramifications, including:
- Having your driving privileges suspended
- Having your registration and tag suspended
- Being required to purchase bodily injury and property damage liability coverage for three years
- Having civil judgments against you
In other words, motorcycle coverage is not mandatory until after you have caused an accident.
What Kind of Proof of Insurance Is Required When Riding a Motorcycle in Florida?
Once you have your motorcycle license, purchased motorcycle insurance from an insurance provider, or obtained a self-insurance certificate, the DMV will input this information into their computer system. Despite their records, motorcycle insurance requirements still mandate that riders carry proof on them while operating a motorcycle on Florida roads.
This proof of a motorcycle insurance policy makes it easier and less time-consuming if you need to demonstrate you have no-fault insurance benefits to a law enforcement officer.
In the event you need to exchange insurance details with the at-fault driver or prove you have Florida bike insurance, the following forms of proof are generally accepted:
- A physical insurance card from an insurance carrier
- A digital insurance card or photo of your insurance card
- Account information screen on a web page
- Self-insurance certificate from the Bureau of Financial Responsibility
Filing a Motorcycle Accident Lawsuit
Despite no-fault having different rules for motorcycles compared to four-wheeled motor vehicles, motorcyclists can still pursue compensation for the cost of damages they suffered as a result of a motorcycle accident.
According to state civil law, you can file a motorcycle accident claim and hold parties liable for your injuries and accident-related damages if their negligent actions caused your crash. However, not everyone is able to take this kind of legal action.
To file a legal claim, you must have sustained severe damages—which are common in many motorcycle accidents due to their hazardous nature.
A plaintiff must also be able to prove that the defendant’s negligence caused the accident that injured them and must also show that the defendant is liable for their injuries. In addition to these basic criteria, there are several components to the legal process of seeking compensation for motorcycle accident injuries via civil law.
Taking legal action over a motorcycle accident is best done with the assistance of a motorcycle accident attorney. An experienced lawyer can provide the legal knowledge and resources necessary to improve your chances of winning your claim for compensation.
Dolman Law Group Accident Injury Lawyers Can Help After a Motorcycle Accident
Because a motorcycle accident lawsuit involves more complexity than an average vehicle accident claim under Florida law, you need an experienced personal injury attorney to help guide you through the process. Dolman Law Group Accident Injury Lawyers can help.
At Dolman Law Group Accident Injury Lawyers, we understand Florida motorcycle laws, personal injury laws, and how they interact to help establish your right to compensation. Our team remains committed to personal service and accessibility. We seek to maximize the damages in every personal injury claim and avoid settling for less than our clients deserve.
Insurance carriers often fail to offer the financial compensation you deserve after a Florida motorcycle accident. At our motorcycle accident law firm, we help our clients pursue that compensation through aggressive advocacy and unwavering support.
Challenges Faced by Florida Motorcycle Riders
Often, Florida motorcycle riders wonder if they need insurance to help provide coverage after an accident—and how much insurance they need. However, the many hazards throughout Florida may increase the risks to those riders and increase the need for insurance.
Many Florida Drivers Do Not Carry Insurance
According to the Insurance Research Council, an estimated 20.4% of Florida drivers did not carry insurance in 2019. As a result, if you get into a motorcycle accident, you have a better than one in five chance of suffering injuries due to a driver’s negligence who does not carry insurance to protect you.
In many cases, you have to rely on your insurance to provide protection for the damage to your motorcycle or the catastrophic injuries you sustained.
Florida Weather Can Prove Unpredictable
In Florida, the weather can turn nasty in an instant, especially during the summer months: the best time for hitting the road on your motorcycle.
Midday showers occur commonly throughout the state. Unfortunately, those showers can pose a potential danger to motorcycle riders. Not only can rain pelt your skin as you try to navigate to a safe location, but it can also turn previously dry roads slick and more challenging to navigate.
You cannot predict the weather. Insurance, however, can help protect against potential accidents and put you in a better position to handle your expenses if you find yourself on the wrong end of a motorcycle accident.
Florida Sees a Lot of Heavy Traffic
From the Daytona Bike Week, which occurs every year in Daytona, Florida, to the heavy amount of tourist traffic that heads down to the Florida coast every year, Florida sees a great deal of traffic congestion.
That congestion can prove daunting to any driver, but it can grow even more difficult to manage for motorcycle riders, who may struggle to make their way through that traffic. In heavy traffic, other drivers may also fail to look as closely for motorcycle traffic around them, significantly increasing the risk that they will cause accidents with serious injuries.
During Daytona Bike Week, the roads throughout and around Daytona may fill with motorcycles. While heavy motorcycle traffic can offer some protection for motorcycle riders, it can also pose unique dangers since they may have a higher likelihood of sharing lanes.
That heavy traffic can also prove more frustrating to other drivers who need to navigate around them, which may increase the risk of a road rage incident or other dangerous driving behavior that could prove catastrophic for motorcycle riders.
Florida Laws Do Not Require Helmet Use
Florida laws do not require helmet use for drivers over age 21 who carry an adequate insurance policy. However, an insurance policy does not negate the benefits of helmet use, since not wearing a helmet and other protective gear can substantially increase your risk of suffering traumatic brain injuries.
You should note that a lack of helmet use could also significantly increase your need to carry adequate insurance. This is because a lack of a helmet and other protective gear may lead to permanent injuries, including:
- Brain damage
- Spine injuries
- Internal injuries
- Nerve Damage
- Loss of limbs
- Leg injuries
- Damage to internal organs
- Arm injuries
- Road rash
- Fatal injuries
Bright Sunlight May Decrease Visibility
On bright, sunny days, which Florida sees many of, the sunlight can pose an additional challenge: it decreases visibility. This challenges motorcycle riders, who may have a more challenging time navigating in the brilliant sunlight. It may also mean that other drivers have difficulty seeing motorcycles, especially if the sun hits just behind the bike.
Motorcycles naturally fit a smaller visual profile than passenger vehicles, making them harder for the drivers of passenger vehicles to see at the best of times. If the passenger vehicle driver fails to see a motorcyclist, often in response to the sun shining too brightly, it can increase the risk of an injured rider.
Common Motorcycle Accident Claims
According to Ride Smart Florida, motorcycle crashes represent between approximately 2% and 4% of all traffic accidents in the state each year.
They also represent a disproportionately high level of traffic fatalities across the state. Motorcycles provide little protection from the road, so motorcycle riders may sustain more severe injuries than the drivers of passenger vehicles in an accident.
Motorcycle accident claims usually fall into one of two categories: a product liability claim or a personal injury negligence claim.
Vehicle claims represent claims that request compensation for vehicle damage claims to the motorcycle in an accident. Many motorcycles sustain severe damages in accidents with passenger vehicles, especially if the passenger vehicle runs over the motorcycle in the accident.
On the other hand, personal injury claims seek compensation for the injuries sustained by the driver of the motorcycle or any passengers he might have carried at the time of the accident. Motorcycle accident injuries
Contact a Florida Motorcycle Accidents Lawyer
Contrary to public perception, a large percentage of motorcycle accidents are the fault of another driver. If you were in a motorcycle accident, you should contact an experienced Florida motorcycle accidents lawyer as soon as possible. You may be entitled to compensation for medical costs, lost income, pain and suffering, and damage to your motorcycle.
Dolman Law Group Accident Injury Lawyers, PA has successfully represented many injury victims involved in motorcycle crashes, recovering large cash settlements. Reach out to us today for a free consultation.
Do not wait, as time can adversely affect your case. Call for a free consultation today or fill out a contact form online.