Experts In This Article
- Michael T. Gibson, Esq., Lead Attorney & President at Michael T. Gibson, P.A., Auto Justice Attorney, Catastrophic Injuries Expert and Licensed for 17 years
- Todd Curtin Esq., Partner & Lead Trial Attorney at Michael T. Gibson, P.A., Auto Justice Attorney and Licensed for 8 years
- Amit Jhalli, Esq. Attorney at Michael T. Gibson, P.A., Auto Justice Attorney, Personal Injury Pre-suit Investigation & Brain Injury Expert and Licensed for 9 years
Accidents can happen at any time. A moment’s inattention, either on your part or that of another driver, can cause severe damage. You can take precautions to decrease the risk of an accident and reduce your odds of severe injury, including wearing a helmet and using protective gear. You likely also carry motorcycle insurance designed to protect you financially in the event of an accident.
Dealing with the insurance adjuster, however, can leave you with more questions than answers. What compensation should you expect after an accident? What kind of motorcycle insurance do you need to safely and legally operate your vehicle in Florida? Does motorcycle insurance cover medical? How does the claim process work?
Carrying adequate insurance on any vehicle provides you with essential protection if you have an accident. As a motorcycle rider, you may have a higher risk of getting into an accident and suffering severe injuries, but you may not know how your insurance works or what advantages it can provide after a crash.
If you have specific questions about your coverage or how an insurance policy works, contact an experienced motorcycle accident attorney to learn more.
Florida Motorcycle Insurance Requirements
Florida law requires vehicles with at least four wheels to carry insurance, including liability insurance and PIP insurance, to register the vehicle. However, the state does not require motorcycle owners to carry insurance to register or operate their motorcycles.
Insurance laws in Florida do not require liability coverage; however, that does not mean that you should not carry it. While some riders may choose to forego motorcycle insurance to keep their operating costs low, a lack of insurance is detrimental in the event of an accident.
A Note on Helmet Use and Motorcycle Insurance
Florida law allows drivers over the age of 21 to choose to operate their motorcycles without a helmet. Riders who decide to forego helmet use, however, must carry at least $10,000 in medical coverage, and will need to present proof to law enforcement if asked.
If you intend to ride your motorcycle without a helmet, you should be aware of the risks to your safety and other potential consequences of getting into an accident without motorcycle insurance coverage. Wearing a helmet substantially decreases the risk of sustaining serious head and neck injury in an accident. All motorcycle riders should wear DOT-approved helmets when possible.
What Does Motorcycle Insurance Cover in Florida?
While you may not have to carry motorcycle insurance to operate your motorcycle in Florida, having insurance coverage makes it much easier to take care of any costs you might face after an accident.
Liability Insurance
Liability insurance provides protection when you cause an accident that causes property damage to someone else or causes an injury to another party. If you do not carry bodily injury liability coverage, and you cause an accident, you may bear financial responsibility. The injured party may pursue compensation from you directly, particularly if damages exceed the driver’s PIP coverage.
Motorcycles will likely not cause as much damage to a larger passenger vehicle as a larger vehicle, but they can still cause substantial damage and injury. Liability insurance ensures that you have some financial protection after a serious accident.
How does liability insurance work after an accident?
If you carry liability insurance, it kicks in after an accident to protect the other driver. Generally, liability insurance covers repairs to a damaged vehicle up to the maximum coverage offered by the policy. It provides some coverage for the cost of injuries associated with your accident.
Liability-only coverage does not provide any protection or coverage for your vehicle repairs or injuries.
Collision Insurance
Collision insurance covers damage to your vehicle and the other party’s vehicle if your negligent decisions on your motorcycle cause an accident. Collision insurance usually provides the same protection as liability insurance for the other driver, but will also help you cover the cost of the damage to your bike and its repairs after an accident.
How does collision insurance work after a motorcycle accident?
Collision insurance kicks in when you cause a motorcycle accident or when you have an accident due to factors outside anyone’s control: dangerous weather conditions and wet roads, for example, or damaged pavement. Collision coverage pays for not only repair costs to the other driver’s vehicle but will also make sure that you have some financial protection for repairs to your motorcycle.
After the accident, you will report your motorcycle damages to your insurance company. Your insurance company may require you to take your motorcycle to a certified repair shop to estimate your repair costs. Once you have a qualified estimate, your insurance company will then pay for those repairs, minus the cost of your deductible.
Comprehensive Insurance
Comprehensive insurance coverage works much the same way as collision insurance but also applies to other situations where your motorcycle might suffer damage: falling tree limbs, theft, or vandalism, for example. Comprehensive insurance coverage can make it easier and more affordable to replace or repair your motorcycle any time it gets damaged.
How does comprehensive insurance work after an accident?
With comprehensive insurance, as with collision insurance, you will report the incident to your insurance company and follow the adjuster’s instructions to help you get compensation for the damage to your motorcycle. You may need your motorcycle evaluated by a certified repair shop to get a solid estimate of how much repairs will cost. Even if you plan to repair your motorcycle independently, you may still need this estimate.
Uninsured/Underinsured Motorist Coverage
According to the Insurance Research Council, about 26.7 percent of Florida drivers do not carry auto insurance. If you do get into a motorcycle accident, you have a greater than one in four chance of getting into an accident with an uninsured driver.
While you may have the right to pursue compensation from that driver directly, many people who do not carry insurance likely do not have the funds for insurance coverage. Pursuing compensation from the individual that caused your accident directly can prove much harder than dealing with an insurance company.
Uninsured or underinsured motorist coverage can ensure that you have the protection you require in an accident caused by a driver who does not carry insurance or who does not have adequate insurance.
Uninsured motorist coverage applies when you get into an accident with a motor vehicle without insurance; underinsured motorist coverage kicks in when the driver who caused your accident doesn’t carry enough protection to pay for your expenses.
How does uninsured or underinsured motorist coverage work after an accident?
After your motorcycle accident, you will typically exchange insurance information with the driver that caused the accident. If a driver does not have insurance, you will contact your insurance company to notify them about the accident and provide evidence of your damages. Then, your insurance company will let you know what steps to take to receive compensation for those damages. Ultimately, your insurance company will pay for the damage to your vehicle, minus the deductible.
If the driver that caused your accident carries inadequate insurance, you may have the right to use underinsured motorist coverage to cover some of the damages.
First, you will file a claim through the other driver’s insurance company. The insurance company will tell you what damages it will cover, including what bodily injury protection coverage you may receive and what compensation you may get for your vehicle damage.
If the insurance company’s offer will not adequately repair or replace your motorcycle or take care of your financial damages, you may need to file with your own insurance company. Your insurance coverage can provide the additional protection you need against those damages in many cases.
Should I Get Full Coverage Insurance on My Motorcycle?
When deciding what insurance plan to choose, you should weigh your options carefully. Most insurance carriers will offer a variety of motorcycle coverages. Full coverage insurance will typically include liability, comprehensive, and collision protection. Comprehensive coverage will include these standard elements while also providing additional coverage for non-collision-related damages, such as theft and vandalism. When in doubt, you should speak to a motorcycle accident attorney who can assist you in understanding your insurance policy.
Florida PIP Insurance and Motorcycle Accidents
Florida offers personal injury protection (PIP), for drivers. Personal injury protection coverage compensates for medical bills regardless of who caused an auto accident, making it an essential means of paying the often-high medical bills that go along with an accident.
Unfortunately, Florida does not offer PIP coverage for motorcycle accident injuries. Instead, you will need to file a claim for compensation through your insurance company.
You may, however, have the right to carry health insurance coverage that will cover your medical expenses in the event of a motorcycle accident. Talk to your insurance provider to learn more about your coverage options and how they may impact you after an accident.
What to Expect After a Motorcycle Accident
After a motorcycle accident, it will take time before you get the compensation you need for your injuries and motorcycle damage.
First, report the accident immediately.
Always report the accident to the local police. The police can evaluate what likely caused the accident and create a report establishing when the accident occurred. This report is vital to pursuing coverage through either your insurance company or the other driver’s insurance company.
Have a doctor examine your injuries.
Motorcycle accidents often involve substantial injuries. Your motorcycle does not offer you any protection from the ground or objects, including other vehicles, that you might strike in an accident. Let a doctor look over your injuries and give you a better idea of your next steps, including how to maximize your physical recovery. If you do not get a medical exam, you may make your injuries worse or miss out on the compensation you might deserve.
Notify your insurance company.
If you need to use your own insurance coverage for any element of the accident, notify your insurance company about the accident, including its cause and the damage you sustained.
Talk to a lawyer.
If someone else’s negligence caused your motorcycle accident, or if you have any questions about the compensation your insurance company should realistically offer after an accident, talk to a lawyer as soon as possible.
A motorcycle accident lawyer can help you evaluate the conditions causing your accident and identify whether more than one party shares liability, making it much easier to pursue the compensation you deserve. You may also want to talk to a lawyer about the compensation you should expect after your motorcycle accident.
Allow time for the investigation.
The insurance company that provides coverage for the accident, whether yours or the other driver’s, will investigate the conditions that led to the accident.
The insurance company will want to know:
- What (or who) caused the accident?
- Did any additional factors contribute to the accident, especially factors that could alleviate the liability faced by the insurance company?
- What injuries did you sustain in the motorcycle accident, and what treatment did you need for those injuries?
- What damage did your motorcycle sustain in the accident?
- Did you have any other financial losses related to the accident?
Depending on what led to your motorcycle accident, you may go through a lengthy investigation while waiting for the insurance company or your lawyer to piece together all the details.
Negotiate.
Once the insurance company completes its investigation, it will usually issue a settlement offer. You have the right to accept that settlement offer immediately, which will compensate you for your financial losses and allow you to start moving forward. In many cases, however, that offer may not reflect the damages you sustained and, therefore, the compensation you deserve. Talk to your lawyer about how to handle negotiations to maximize your compensation.
Receive your settlement.
Once you arrive at a settlement agreement that fits your needs and those of the insurance company, you will receive a settlement check for your damages. The insurance company may also pay the shop doing the work on your motorcycle directly.
Do You Need a Lawyer After a Motorcycle Accident?
If you have questions about the coverage and compensation you deserve after a motorcycle accident, a trusted lawyer can give you more information. Contact an attorney as soon after your accident as possible to learn more.
Michael T. Gibson, P.A., Auto Justice Attorney
2420 S. Lakemont Avenue
Suite 150
Orlando, FL 32814
Phone: 407-422-4529