If you or someone you love has been involved in a motorcycle accident in Florida, you may be dealing with injuries, medical expenses, time away from work, and questions about which insurance coverage applies. Motorcycle accident claims can differ significantly from ordinary car accident claims, particularly when it comes to Florida’s personal injury laws and no-fault insurance system.
One important distinction is that motorcycles are treated differently under Florida’s Personal Injury Protection, or PIP, laws. Another is that Florida’s statutory injury threshold can affect whether certain noneconomic damages, such as pain and suffering, may be recovered from the owner or operator of a covered motor vehicle. Understanding the difference between these rules is important when evaluating a motorcycle accident claim.
Florida’s No-Fault Insurance System and Motorcycle Accidents
Florida has a no-fault automobile insurance system that requires Personal Injury Protection coverage for many four-wheeled motor vehicles. PIP can provide certain medical and disability benefits without requiring the injured person to first prove that another driver caused the accident.
Motorcycles are treated differently. For purposes of Florida’s no-fault law, the statutory definition of a “motor vehicle” generally refers to a self-propelled vehicle with four or more wheels. As a result, motorcycles are not covered by the PIP requirements in the same manner as passenger cars.
A motorcycle rider therefore should not assume that PIP benefits will pay medical bills or lost income after a motorcycle crash. Available compensation may instead depend on health insurance, medical-payment coverage if available, the liability insurance of an at-fault party, uninsured or underinsured motorist coverage, or a claim directly against a responsible person or entity.
Founding Attorney Attorney
Michael Serrano
Molli Gard, ESQ.
Does Florida’s Serious Injury Threshold Apply to Motorcycle Accident Claims?
The answer depends on the circumstances of the crash and the party against whom the claim is made.
Florida Statutes section 627.737 provides a tort exemption for owners, registrants, operators, and occupants of motor vehicles for which the required no-fault security has been provided. When that statute applies, a plaintiff generally must satisfy one of the statutory injury thresholds before recovering damages for pain, suffering, mental anguish, and inconvenience.
That does not mean a motorcycle rider must satisfy the threshold before filing any personal injury lawsuit. The threshold specifically affects certain noneconomic damages, and its application depends in part on the vehicle and defendant involved.
For example, if a motorcycle rider is injured by the driver of a properly insured passenger car that is covered by Florida’s no-fault law, section 627.737 may limit recovery of pain and suffering unless the statutory threshold is satisfied. Other types of motorcycle crashes may involve different insurance and liability rules.
What Injuries Meet Florida’s Statutory Threshold?
Florida law identifies specific categories of injury that can satisfy the threshold for recovering pain, suffering, mental anguish, and inconvenience when section 627.737 applies. Those categories include:
- A significant and permanent loss of an important bodily function.
- A permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.
- Significant and permanent scarring or disfigurement.
- Death.
The type of injury alone does not necessarily determine whether the threshold has been met. A traumatic brain injury, spinal injury, fracture, burn, or other serious condition may have permanent consequences, but the legal analysis depends on the medical evidence and the facts of the individual case.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
The Importance of Medical Evidence After a Motorcycle Accident
Medical evidence can be important both for documenting the injuries caused by a motorcycle accident and, when the statutory threshold applies, determining whether an injury is permanent or has resulted in a significant and permanent loss of bodily function.
Relevant evidence may include medical records, diagnostic imaging, treatment records, physician opinions, surgical records, rehabilitation documentation, and information concerning any lasting physical restrictions or impairment.
Evidence of the effect an injury has on a person’s life may also be relevant when evaluating damages. Records of missed work, physical restrictions, future treatment needs, photographs, and testimony concerning limitations may help document the consequences of the crash.
What Compensation May Be Available After a Florida Motorcycle Accident?
Compensation after a motorcycle accident depends on liability, available insurance coverage, the nature of the injuries, and the damages supported by the evidence.
Depending on the circumstances, a claim may include medical expenses, future medical treatment, lost income, loss of earning capacity, property damage, and other economic losses. Noneconomic damages such as pain and suffering may also be recoverable when permitted under the applicable law.
The serious injury threshold should not be confused with economic damages. Section 627.737 specifically addresses recovery for pain, suffering, mental anguish, and inconvenience in claims to which the no-fault tort exemption applies.
How an Attorney Can Help With a Florida Motorcycle Accident Claim
Motorcycle accident cases can involve several different insurance and liability issues. An attorney can investigate how the collision occurred, identify potentially responsible parties, determine what insurance coverage may be available, preserve evidence, review medical documentation, and communicate with insurance companies.
An attorney can also evaluate whether Florida’s no-fault tort threshold applies to the particular claim. Because motorcycles themselves fall outside the PIP definition of a motor vehicle, the analysis is not as simple as applying the rules used in an ordinary two-car accident.
At Serrano Law, we can review the vehicles involved, the available insurance coverage, the injuries sustained, and the evidence concerning fault before explaining the options that may be available.
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The Role of Insurance Companies After a Motorcycle Accident
Insurance companies evaluate motorcycle accident claims based on factors such as fault, policy coverage, medical evidence, claimed damages, and available policy limits. An adjuster may request statements, medical records, authorizations, or other documentation while investigating the claim.
Before signing a release or accepting a settlement, it is important to understand what claims and damages the agreement will resolve. A settlement made before the full extent of an injury or future treatment is understood may prevent additional recovery for claims covered by the release.
An attorney can review the available evidence, evaluate claimed medical expenses and lost income, communicate with insurers, and negotiate based on the circumstances of the case. If a viable claim cannot be resolved through negotiation, litigation may be an option.
Case Results
If you have been injured in a Florida motorcycle accident, understanding the distinction between motorcycle insurance and Florida’s no-fault automobile system can be important. Motorcycles are not treated as PIP-covered motor vehicles under Florida’s no-fault statute, but the statutory threshold for certain noneconomic damages may still become relevant depending on the vehicle and defendant involved in the crash.
At Serrano Law, we can review the circumstances of the accident, available insurance policies, medical evidence, and applicable Florida law. Contact us to schedule a consultation and discuss the legal options that may be available based on your particular situation.
To learn more about this subject click here: Understanding Pain and Suffering Damages in Florida Personal Injury Claims
