Florida is a no-fault state. Unfortunately, motorcycles don’t fall under this system. Under Florida Statute §627.736, Personal Injury Protection (PIP) coverage applies only to vehicles with four or more wheels. This implies that when one is injured during a motorcycle ride, the victim can’t access the $10,000 PIP coverage like a car driver can.
Instead, motorcycle riders must claim compensation directly from the liable party through a valid claim. If a motorcycle accident victim has suffered injuries and losses, s/he can recover compensation for physical, emotional, and material damages. When a victim pursues a compensation claim for medical bills, the victim must prove the link between the accident and their injuries. The victim has the burden of proof from the very first dollar of the claim.
There is also an additional insurance option. If the victim’s motorcycle policy includes medical payments coverage, it can help cover primary medical expenses up to the policy limits. An expert motorcycle accident lawyer in Orlando reviews the accident against the specific policy and explains each available source of coverage for the victim.
What’s the Deadline?
Under modified Florida Statute § 95.11, a motorcycle accident victim has only 2 years from the date of the accident to file a lawsuit. If the victim misses that window, s/he may lose the right to claim forever. It’s advised not to delay in seeking legal counsel from experienced attorneys.
What Medical Bill Compensation Can the Victim Actually Claim?
When another driver’s faulty or negligent actions cause a motorcycle crash, Florida law entitles victims to compensation for both economic and non-economic losses. Let’s break down medical bill compensation.
Immediate Medical Assistance
This includes ambulance service, emergency treatment, trauma care, and any emergency life-saving intervention.
Hospitalization and Operational Costs
Inpatient stays, OT charges, anesthesia costs, doctor consultations, and post-surgical care are directly linked to accident injuries.
Rehabilitation Therapies
Rehabilitation therapies, including chiropractic care, physical therapy, and occupational therapy, help restore function.
Medical Expenses (current & future)
If the injuries need further treatment, additional surgeries, or long-term medical care, those costs are fully compensable.
Lost Wages & Earning Capacity
Income the victim has lost while recovering, with any long-term impact on their ability to earn a living due to permanent injuries or disability.
Pain and Suffering
Unlike car accident victims, Florida motorcyclists can recover pain and suffering damages without proving a permanent injury, a significant legal advantage.
Emotional Distress
Anxiety, PTSD, depression, and other psychological injuries resulting from the crash are recognized non-economic damages under Florida law.
Property Damage
Repair or replacement of the motorcycle, riding gear, helmet, and other personal property destroyed or damaged in the crash.
If the at-fault driver deliberately made mistakes at the time of the crash, the victim may also have grounds to pursue punitive damages under Florida Statute § 768.72. These are awarded to punish especially reckless conduct and are not subject to the same caps as compensatory damages.
How Comparative Fault Affects Settlement
Under Florida’s 2023 tort reform law, House Bill 837, a fundamental change has been made for motorcycle accident victims in Orlando. The state has switched from a “pure” comparative negligence to a modified comparative negligence system, effective for all claims arising on or after March 24, 2023.
Under the new Florida Statute § 768.81(6), if a victim is more than 50% at fault for the crash, the victim cannot recover any compensation. If one party is 50% or less at fault, they can still recover damages. The amount is reduced proportionally by the victim’s degree of fault.
This rule applies especially to motorcyclists, as insurance companies try to shift blame onto riders, citing lane position, speed, or lack of a helmet. Their goal is to offer lowball compensation.
At Injury Assistance Law Firm, our Orlando motorcycle accident lawyer works proactively to build the strongest possible case for fault allocation, counter insurer tactics, and ensure the victim’s version of events is backed by evidence.
How the Claim Process Goes
Knowing what the victim can claim is one thing. Navigating the process of actually recovering that compensation is another. Insurance companies representing at-fault drivers primarily focus on their own clients’ interests. Here is how a well-handled claim typically proceeds in Florida:
Get Medical Attention First: Health comes first. After a motorcycle accident, the victim must seek immediate medical documentation to create a clear connection between the accident and injuries. Time gaps in treatment are a common tactic insurers use to minimize claims.
Document Every Detail: Keep every medical bill, records of missed workdays, and other documents. Detailed documentation of the physical pain, physical limitations, and emotional state strengthens non-economic damage claims.
File a Claim Against the Liable Driver’s Physical Injury Liability Coverage: Since PIP does not apply to motorcycles, the at-fault driver’s bodily injury (BI) liability policy is the primary source of compensation. If that driver is uninsured or underinsured, the victim’s UM/UIM policy, if they have one, becomes the next line of defense.
Do Not Accept an Early Settlement: Early offers from insurance adjusters are always below what the claim is worth. Once the victim accepts a settlement, they cannot seek extra compensation, even if medical costs increase unexpectedly.
Consider Filing Suit if Necessary: If insurance negotiations don’t offer fair compensation, the attorney can file a personal injury lawsuit. If the victim looks for a personal injury attorney in Orlando, Injury Assistance Law Firm is here to help the victim evaluate every available option.
Consult Our Florida Motorcycle Accident Attorney
The consequences can be overwhelming when the victim faces complex insurance laws. Our legal team at Injury Assistance Law Firm assists injured riders in Orlando. We fight to recover the full compensation the victim deserves for their losses.
