Florida’s No-Fault Law And Motorcycle Accidents

In Florida, drivers are required to obtain Personal Injury Protection (PIP) insurance to cover accident-related losses. Because Florida is still a no-fault state, injured motorists are required to go through these policies to recover compensation after a crash. While the system can be frustrating, it also ensures that accident victims are at least able to recover compensation up to the limits of their own policies, even if the other driver is uninsured. Unfortunately, motorcyclists do not have the same protections, as they are not required to obtain PIP coverage. This is true even for motorcyclists who also own a vehicle and so have a PIP policy for that car.

This means that many injured motorcyclists are forced to pay for their medical bills out of their own pockets, which can be financially devastating. It is, however, possible to recover these losses by filing a claim against the at-fault party in court, so if you were hurt in a motorcycle crash, it is important to reach out to an experienced Fort Lauderdale motorcycle accident lawyer who can help you seek compensation for your medical bills and lost wages.

Florida’s Insurance Requirements

Unlike motorists who drive four wheeled vehicles, motorcyclists are not required to carry PIP insurance. They must, however, carry at least $10,000 in medical coverage, but only if they choose to not wear a helmet. While this means that many motorcyclists are left with few options when it comes to recovering compensation after a crash, individuals who find themselves in this situation should not lose hope, as they may have other choices when it comes to recovering damages.

Serious Injury Threshold

Because Florida is a no-fault auto insurance state, accident victims are usually required to go through their own insurers after an accident, regardless of who actually caused the crash. One of the few exceptions to this rule applies in situations where an accident victim sustains a serious injury, which means that it involves:

• The significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability;
• Significant and permanent disfigurement or scarring; or
• Death.

Only when an accident victim can prove that his or her injury satisfies one of these definitions can he or she step outside of the no-fault system and file a claim in court. This is not, however, true for motorcyclists, as they are not required to obtain PIP insurance and so are not bound by the same restrictions. This can make filing a personal injury claim much simpler in motorcycle accident cases.

Call Today for Help with Your Case

Motorcycle accidents are one of the most serious types of vehicle-related accidents in which a person can be involved. This is especially true for motorcyclists, who are much more likely to sustain serious and even life threatening injuries. Fortunately, it is possible to recover damages from at-fault parties who cause these kinds of crashes, so if you were hurt in a motorcycle collision and have questions about your legal options, please call 954-566-9919 and speak with one of the dedicated motorcycle accident lawyers at Boone & Davis today about your next steps.