Our team at Rubenstein Law is here to answer any questions you have regarding motorcycle insurance and motorcycle accident claims in Florida. To schedule a free consultation, you can reach us 24/7 using our online chat or by phone at 800-FL-LEGAL (800-355-3425) for a free consultation. No costs or fees unless or until you win money. Remote and virtual appointments are available.

What Are Florida’s Insurance Laws?

Florida’s auto insurance law requires owners of vehicles with at least four wheels to carry $10,000 Personal Injury Protection (PIP) and $10,000 Property Damage Liability (PDL) coverage. PIP insurance covers your medical expenses up to $10,000 after a wreck, regardless who was at fault. PDL insurance covers the other driver’s property damage if you or someone else on the policy cause the accident. However, this is insurance required for car, van, truck, and SUV owners. It does not provide any coverage for people on motorcycles.

In general, insurance requirements in FL are minimal when compared to the rest of the country. Florida drivers of four-wheeled vehicles are considered covered if they have a PiP policy for $10,000.

Florida requires bikers have Medical Payment Insurance for $10,000 (this is not PiP). Existing PiP on a car or other four-wheeled vehicle that you own does not convey to your motorcycle.

Protect yourself and your family by selecting a robust policy that includes Uninsured/Underinsured Motorist coverage

If I Ride My Motorcycle in Other States, What Kind of Insurance Do I Need?

If a biker rides their motorcycle to/thru another state their insurance levels should meet that state’s requirements.

Do I Have to Carry Motorcycle Insurance?

While Florida requires $10,000 of medical coverage for bikers (not PiP, and existing PiP on a car you own does not provide you coverage on your motorcycle), an owner can register their bike without showing proof of coverage.

If you are over 21 years old and have at least $10,000 of insurance, FL law does not require you to wear a helmet, but eye protection is always required.

Regardless of the law, wearing a helmet is smart. Studies consistently show that helmets substantially reduce death rates (over 35%) in motorcycle accidents and will drastically reduce (over 65%) the incident and severity of brain injuries (TBI). As a law firm that has successfully handled TBI claim cases for decades let us say you want to do everything you can to avoid a TBI. A brain injury can have serious ramifications on all aspects of your life, from your memory and personality to your ability to walk or earn a living.

Will my PiP Insurance Cover Motorcycle Accident Injuries?

If you only carry the minimum PiP insurance for your car, the policy will not cover injuries you sustained while riding your motorcycle. You will need a medical coverage policy for your motorcycle, which covers medical care and expenses up to $10,000 or policy limits for injuries from a motorcycle accident. If your car policy is more robust and includes coverage beyond PiP it may provide some coverage for your motorcycle. You should discuss this with your insurance agent.

What Types of Motorcycle Insurance Are There?

You can purchase a variety of types of insurance for your motorcycle, including:

  • Bodily injury liability: coverage that helps you pay for another person’s injuries in an accident for which you are at fault
  • Property damage liability: typically helps cover the cost of repairs if you are at fault for an accident that damages another vehicle or property
  • Underinsured/uninsured motorist: protects you if you’re in an accident with an at-fault driver who doesn’t carry liability insurance or enough liability insurance
  • Medical payment coverage: can help pay your or your passengers’ medical expenses if you’re injured in an accident, regardless of who caused the accident.
  • Comprehensive coverage: coverage that helps pay to replace or repair your vehicle if it’s stolen or damaged in an incident that’s not a collision
  • Collision: helps pay to repair or replace your car or motorcycle if it’s damaged in an accident with another vehicle or object
  • Gap coverage: Pays the difference between the actual value of the vehicle and the amount still owed on the vehicle after a wreck where the vehicle is considered totaled

Why Is Uninsured / Underinsured Insurance Important?

Nationwide about 13% of drivers are roaming the roads without insurance. According to 2019 reports by the Insurance Research Council, the number of uninsured motorists in Florida is over 26% – among the highest in the nation. This means that 1 in 4 drivers on Florida roads have no insurance and another 20-25% are underinsured, carrying only the required $10,000 of PiP (which provides no coverage for you on your bike in an accident).

Think about it – that means at a 4-way stop it is likely that 2/4 cars do not have adequate coverage. Should one of those vehicles cause an accident and seriously injure you, there are almost no options for you to pursue compensation, payment of your medical bills, time lost from work and other expenses. To protect yourself and your family, we encourage you to select a robust insurance policy for you and your bike that includes Is Florida a No-Fault or At-Fault Insurance State?

Florida is known as a no-fault insurance state, which is why you are required to carry PIP insurance if you are the owner of an operable vehicle and a FL resident. Generally, PIP coverage pays for 80% of your reasonable medical bills and 60% of your lost wages. However, there are many circumstances in which you can look to the at-fault driver to pay for your medical expenses, property damage, lost wages, pain and suffering, and other damages. You should speak to an experienced Florida motorcycle accident attorney about when you can file a third-party insurance claim or personal injury lawsuit against a negligent driver.

Do I Need to Inform my Insurance Carrier of a Motorcycle Accident?

The law does not require you to use your insurance coverage. If you were in a minor motorcycle accident that resulted in only a small amount of damage to your bike, you might just pay for repairs yourself. However, if you suffered serious injuries and your bike is not operable, we suggest you inform your insurance company as soon as possible. Timely notice is essential to being able to make a valid claim for coverage. Also, the filing of certain claims may affect your ability to proceed against the at-fault party that caused the crash and your injuries. Please remember to contact an experienced motorcycle attorney.

When Should I Tell my Insurer About a Motorcycle Accident?

Most insurance companies require timely notice of a claim. What is considered “timely” depends on the circumstances. If you were severely injured in a crash and unconscious in the hospital for several days, obviously you could not give notice until you were conscious and able to contact or direct someone else to contact the insurer. However, if you walked away from the accident, an insurer may see no reason why you didn’t give notice within 24 hours. We recommend you review your specific policy for the notice requirement, and if you file a claim, notify your insurer as soon as possible. Of course, you or your loved ones can always reach out to us regarding this question of notice.

Can My Insurer Deny My Claim?

There are many reasons why an insurer could deny a claim, including non-payment of premiums, refusing medical treatment, or negligence. If you made a claim against your insurance policy or the other motorist’s insurance coverage, and the insurer denied it, call a lawyer right away. They have a dedicated attorney team on their side, so should you. Often, insurance companies will be sneaky and send you a check or letter to sign after they denied your claim. Cashing these checks or signing the paperwork can prevent you from making a claim and receiving fair compensation. The good news is, an initial denial does not mean you are out of luck. We can help you challenge the denial and, if necessary, file a personal injury or bad faith insurance lawsuit.

The Insurance Company Denied my Claim, What Should I do?

If the insurance company denied your claim, did they give you the reason for the denial in writing? This information is important. You may find you can challenge the claim by fixing a minor or administrative error or by providing more information.

If your next step is not simple or obvious, we recommend you contact a Florida motorcycle accident lawyer. A member of the Motorcycle Attorney Team at Rubenstein Law will review your specific circumstances and the insurer’s denial and discuss your options with you.

How Much Money is My Motorcycle Claim Worth?

Many factors influence the value of a claim after a motorcycle accident, including:

  • Type and severity of your injuries
  • Your medical expenses
  • Predicted future medical costs
  • Pain and suffering
  • Cost of repairing or replacing your motorcycle
  • Ability to return to life as it was before the accident
  • Your degree of fault
  • Insurance policy limits
  • And more …..

It is impossible to know how much you will receive without speaking to a knowledgeable motorcycle accident lawyer and discussing the specifics of your case.

Should I Accept the Insurance Company’s Settlement Offer?

You should not accept a settlement offer until you have a full understanding of your injuries and expenses and their long-term impact on your life.

  • Have your injuries healed 100%
  • Do you still require medication and/or rehab care
  • Will that end in 6 months or 6 years or ever
  • Did you submit expense to replace or repair your property
  • Are they adequately paying you (and your family) for pain and suffering

When you consult an experienced Florida motorcycle accident law firm like Rubenstein Law, our job is to protect you and make sure these and other questions are answered.

The truth is most initial offers from insurance companies are low. If you receive a settlement offer within days or weeks of the accident, it probably does not cover everything. You may not know the true cost of your medical expenses or the value of all your damages yet. If you close your case too quickly, it is often for a fraction of the true value. It’s important you talk with a lawyer before accepting an offer or signing any paperwork sent to you by the insurance company or other driver.

How Long Does an Insurance Claim Take?

There is no definitive timeline for insurance claims after a motorcycle accident. Sometimes, the more severe your injuries, the longer the process takes. In part, because we need time to understand your injuries and future medical expenses fully. If you are still treating your injuries it’s critical to ensure they include those costs in your compensation. If you close your case too early, you may not get complete repayment for your incurred costs or fair value for your pain and suffering. The process also can take longer if the insurance company initially denies your claim, if facts are in dispute or if we take your case to trial. The facts of every case are different, so a motorcycle accident claim can take months to settle, and some can take years to resolve. Working with an attorney will help you get through the process as efficiently as possible.

Do You Have Florida Motorcycle Insurance Questions?

If you have any questions regarding motorcycle insurance or the insurance claims process in Florida, contact Rubenstein Law by using our online chat or calling 800-FL-LEGAL / 800-355-3425. We are available 24 hours a day, 7 days a week. We want you to be fully informed of your rights and options, so you can make the best decision for you and your family. We look forward to the opportunity to represent you after a motorcycle crash and will fight for you to receive full and fair compensation. Remote and virtual appointments are available. No costs or fees unless or until you win money.

**En Rubenstein Law, casi todos nosotros hablamos español con fluidez. Si Español es su idioma de preferencia, nosotros con mucho gusto le proporcionaremos todos sus documentos y correspondencia en Español. At Rubenstein Law, almost all of us speak Spanish fluently. If Spanish is your preferred language, we will gladly provide you with all your documents and correspondence in Spanish.

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