Do the No-Fault Insurance Laws in Florida Apply to Motorcycles?

The majority of motorists in Florida understand that no-fault laws apply to most auto accidents. However, many are not aware that the laws do not apply to everyone on the road. Motorcycles make up one of the biggest exceptions to the law, which can make obtaining the compensation a biker needs after a crash even more difficult. Below, our Tampa motorcycle accident attorney explains in further detail.

What are the No-Fault Laws in Florida? 

Before registering a vehicle with at least four wheels in the state, you must show proof of at least $10,000 in both personal injury protection (PIP) and property damage liability (PDL) auto insurance. PIP benefits will pay for the majority of medical expenses after a crash and a portion of lost wages, regardless of who was at fault. Most drivers do not purchase more than $10,000 in PIP and so, when they suffer a serious injury, these benefits are not enough to fully cover the cost of treatment.

The no-fault laws also prohibit accident victims from filing a claim directly against a negligent party in many cases. Filing a lawsuit against a negligent party is typically only possible if an accident victim covered by the no-fault laws meets the serious injury threshold. Typically this threshold is met if an accident victim suffers the following:

• Significant and permanent loss of a major bodily function
• An injury that is permanent to a reasonable degree of medical probability
• Permanent scarring or disfigurement
• Death

As stated above, only vehicles with at least four wheels are covered by the no-fault laws in Florida. As such, motorcycles are not covered and bikers will have to file a claim directly against the negligent party to obtain any compensation at all.

Pros and Cons of the Motorcycle Exception to the No-Fault Laws

At first, it may seem as though the lack of PIP benefits available to bikers is detrimental to them after an accident. After all, without PIP benefits, motorcyclists must file a lawsuit directly against the party that caused their accident. They must also prove that the liable party acted negligently and caused the crash. Also, while PIP benefits are generally available within 30 days after an accident, it can take longer for bikers to obtain compensation through a lawsuit.

Still, there are some advantages to filing a lawsuit directly against the liable party. The biggest benefit is that bikers can include certain damages such as pain and suffering and other non-economic damages that significantly impact their quality of life. These types of compensation are not provided with PIP benefits. Motorcyclists also do not have to prove that their injuries meet the serious injury threshold in Florida.

Our Motorcycle Accident Attorney in Tampa Can Guide You Through the Process 

If you have been hurt while on your bike, you will have to go through the complicated process of filing a lawsuit against the negligent party. Fortunately, our Tampa motorcycle accident attorney at Moore Law can make the process easier and ensure that you receive the full and fair compensation you are entitled to. Call us today at 813-510-5400 or chat with us online to request a consultation with our experienced attorney and to get the help you need.

Source:

flhsmv.gov/insurance/