How No-Fault Law Affects Motorcycle Accident Liability

While it may seem strange, your motorcycle is not considered a “motor vehicle” under Florida law. As such, you won’t be able to get Personal Injury Protection (PIP) coverage with your motorcycle insurance. Even if you have PIP coverage for a vehicle with four or more wheels, it won’t kick in if you’re injured in a motorcycle accident. Instead, you’ll have to file a claim with the at-fault driver’s insurance company to receive compensation for medical expenses related to the accident.

We recommend that you hire a motorcycle accident attorney from our law firm to help you prove the other driver was at fault. Otherwise, you may get overwhelmed if the other motorist’s insurance company fights your claim.

What is Property Damage Liability?

Under Florida law, motorcyclists are required to have a minimum of $10,000 per crash in property damage liability coverage. This protects you in the event you accidentally damage buildings, fencing, properly parked cars, or other types of property. In the event of an accident, your Florida motorcycle insurance would pay up to the limits of your policy.

Read more: Who pays for property damage after a car accident? >>

What is Bodily Injury Liability?

Bodily injury liability protects other people in the event the insured causes an accident that results in injury or death.

  • For Accidents Caused By Others

Was the other driver responsible for causing the accident? Since you’re not covered by PIP, your injuries don’t have to meet Florida’s “serious injury” threshold before you can sue the other driver. Instead, you’ll be able to immediately file a claim with the at-fault driver’s insurance company.

Our attorneys can help you hold the other driver and insurance company accountable so you receive the compensation you deserve for medical expenses.

  • For Accidents Caused By You

Were you responsible for causing an auto accident? If the accident resulted in serious injury or death, the other party may be able to step outside the no-fault system to file a claim with your insurance company. Otherwise, they will only be able to receive compensation for medical expenses through their own PIP coverage.

If you’re found to be at fault for the accident, your insurance company will compensate the injured parties up to the limits of your policy. Motorcyclists in Florida are required to carry a minimum bodily injury liability of $10,000 per person and $20,000 per accident. If the other party is awarded more compensation than what your insurance covers, you’ll be responsible for paying the remaining balance.

What if There’s a Dispute With the Insurance Company?

If there’s a dispute between what you and the insurance company considers “reasonable” treatments or benefits after a motorcycle accident, call our injury lawyers today to schedule your consultation. We’ll go over your policy with you to determine what the insurance company is responsible for paying. We can also help you if the insurance company is putting off paying you your benefits.

Request a Legal Consultation

Our motorcycle accident attorneys are up to date with laws that affect your case. Whether you’re fighting the insurance company or the at-fault driver, you can count on our years of experience.

Our Florida motorcycle accident lawyers can help you win the compensation you need for medical expenses. We’re proud to serve Cape Coral, Naples, and Fort Myers. To schedule a legal consultation, call Lusk, Drasites, & Tolisano PA at (800) 283-7442.

This blog post has been updated.

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