Most Florida drivers assume every crash works the same way through their auto insurance, but motorcyclists find out the hard way that Florida's no-fault system does not apply to them at all. Berger & Hicks, P.A. represents riders injured in motorcycle accidents throughout West Kendall and the surrounding South Miami suburbs.
Florida law excludes motorcycles from the personal injury protection system that covers cars and trucks automatically, which means an injured rider generally cannot file a quick no-fault claim through their own policy the way a car accident victim would.
Martin Berger and Zachary Hicks build these fault-based cases directly with clients, often while medical bills are still accumulating. Call (305) 670-7050 or fill out the contact form on this page to talk through what coverage actually applies to your crash.
Schedule Your ConsultationWhy Doesn't Your Insurance Work The Same Way After A Motorcycle Accident?
Florida's no-fault insurance system does not apply to motorcycles because the law defines a motor vehicle for PIP purposes as having four or more wheels, under Florida Statute 627.732. This exclusion means motorcycles do not carry required PIP coverage, and riders generally cannot rely on PIP benefits after a crash.
Car and truck drivers file a claim through their own PIP policy first, without needing to prove who caused the accident. Motorcyclists skip that step entirely and must build a claim directly against the at-fault driver from the beginning, which changes the timeline for getting medical bills paid.
How Berger & Hicks, P.A. Builds A West Kendall Motorcycle Accident Case
Berger & Hicks, P.A. approaches motorcycle accident cases by establishing the at-fault driver's negligence early, since no PIP claim exists to fall back on while that process plays out.
Martin Berger brings 32 years of trial experience and an AV Preeminent rating to these cases, and Zachary Hicks brings 21 years of experience and a Super Lawyers recognition.
Both attorneys work directly with riders throughout West Kendall, Homestead, and the South Miami suburbs, coordinating medical treatment options like letters of protection while building the liability case against the at-fault driver's insurer.
Reach the firm at (305) 670-7050 to discuss what evidence supports your specific crash.
Schedule Your ConsultationDoes Florida's Helmet Law Affect Your Compensation?
Not wearing a helmet does not automatically bar a Florida motorcyclist from recovering compensation, though it factors into how fault gets divided under comparative negligence.
Florida Statute 316.211 allows riders over 21 to ride without a helmet if they carry at least $10,000 in qualifying medical benefits insurance.
Riders under 21 must wear a helmet at all times, and violating that requirement carries a separate traffic infraction unrelated to the injury claim itself. Whether a missing helmet affects compensation depends on several specific factors.
- The Rider's Age: Riders under 21 face a stricter helmet requirement with no insurance-based exception available.
- Qualifying Insurance Coverage: Riders 21 and older need at least $10,000 in medical benefits insurance to legally ride without a helmet.
- The Type Of Injury: Helmet use primarily affects arguments about head and facial injuries, not injuries to other parts of the body.
- Proof Of Causation: The defense must show the missing helmet actually made the injury worse, not simply that no helmet was worn.
Florida courts consider whether helmet nonuse contributed to the claimed injuries before reducing damages based on comparative negligence principles.
Who Can Be Held Liable For A Motorcycle Accident In Florida?
Liability for a Florida motorcycle accident generally falls on the driver whose negligence caused the collision, and certain patterns show up consistently in crashes involving motorcycles and passenger vehicles. Identifying the specific failure shapes how the claim gets built against that driver's insurer.
Several recurring scenarios account for a large share of motorcycle collisions on West Kendall's roads.
- Left Turn Failures: A driver turning left across traffic misjudges a motorcycle's speed and distance, causing a collision.
- Failure To Check Blind Spots: A driver changing lanes fails to see a motorcycle riding in an adjacent lane.
- Following Too Closely: A driver rear-ends a motorcycle that has slowed or stopped for traffic ahead.
- Illegal Lane Splitting By Other Riders: Florida law under Section 316.209 prohibits operating a motorcycle between lanes of traffic, and a rider violating this rule may bear partial responsibility for a resulting crash.
Each of these patterns produces different evidence, from intersection camera footage to witness accounts of lane position, which is why an accurate reconstruction of exactly how the collision happened protects the claim from the start.
How Long Do You Have To File A Motorcycle Accident Claim In Florida?
Florida gives an injured motorcyclist two years from the date of the crash to file a negligence-based lawsuit, under Florida Statute 95.11. This two-year window reflects the 2023 changes that shortened Florida's general negligence deadline from four years.
Florida also applies a modified comparative negligence rule under Florida Statute 768.81. A rider found more than 50 percent at fault for the crash cannot recover damages, which makes documenting lane position, speed, and helmet status important from the earliest stages of the case.
What Compensation is Available After A Motorcycle Accident in West Kendall?
Compensation after a Florida motorcycle accident depends on the severity of the injury and the strength of the liability case built against the at-fault driver. Motorcycle crashes frequently produce more severe injuries than car accidents, given the rider's exposure at the moment of impact.
Injured riders pursue several categories of damages once liability gets established.
- Medical Expenses: Costs for emergency treatment, surgery, and ongoing rehabilitation, since no PIP benefits offset these costs upfront.
- Lost Wages: Income missed during recovery, along with reduced future earning capacity for serious injuries.
- Pain And Suffering: Physical pain and emotional distress connected to the crash and its recovery process.
- Property Damage: The cost of a damaged or destroyed motorcycle, riding gear, and safety equipment.
Because motorcyclists are not covered by Florida's PIP system, they are not subject to the same PIP serious injury threshold that applies to many car accident claims. However, recovering damages still requires proving liability and the extent of the injuries.
How Do Insurance Companies Respond To Motorcycle Accident Claims?
Insurance companies representing at-fault drivers frequently rely on stereotypes about motorcyclists to argue for reduced liability, regardless of the facts of the crash. Recognizing these patterns early protects a rider's account of what happened.
Certain tactics show up consistently once a motorcycle accident claim reaches a driver's insurer.
- Assuming Recklessness: Arguing the rider was speeding or riding aggressively without evidence supporting that claim.
- Overemphasizing Helmet Status: Focusing heavily on helmet nonuse even when the injury has nothing to do with head trauma.
- Disputing Lane Position: Claiming the rider was lane splitting or riding unsafely between vehicles.
- Minimizing Injury Severity: Downplaying road rash, fractures, or soft tissue injuries as less serious than they actually are.
FAQ For West Kendall Motorcycle Accident Lawyers
I don't have my own auto insurance since I only own a motorcycle. Can I still get my medical bills paid?
Yes, you can still pursue payment through health insurance, a letter of protection with your medical provider, or a claim against the at-fault driver's liability coverage. Florida's PIP system does not extend to motorcycles, so these alternative paths become the primary options.
The other driver's insurance company keeps mentioning that I wasn't wearing a helmet. Should I be worried?
Not necessarily, since Florida law allows the defense to raise helmet nonuse as a comparative negligence issue when it relates to the claimed injuries.
Can I still file a claim if I was lane splitting at the time of the crash?
A: It depends on the facts of the crash and each party's share of fault. Florida law prohibits lane splitting, but other evidence may also affect how responsibility is assigned.
What if the driver who hit me only has the state minimum insurance coverage?
If your damages exceed the at-fault driver's policy limits, your own uninsured or underinsured motorist coverage may provide additional benefits depending on your policy. Reviewing your policy early helps identify what coverage may be available.
Do I need a lawyer for a motorcycle accident if the other driver admitted fault?
Yes, generally hiring an attorney still helps even when fault seems clear, since Florida's exclusion of motorcycles from PIP makes the claims process more complex than a typical car accident. An admission of fault does not guarantee a fair settlement offer from the insurer.
Can I recover compensation if I don't have $10,000 in medical benefits insurance and wasn't wearing a helmet?
Yes, riders under 21 must wear a helmet regardless of insurance, and adult riders without qualifying coverage who skip a helmet may still recover damages, though the defense may raise comparative negligence arguments related to head injuries specifically.
How is a motorcycle accident claim different from a car accident claim in terms of timeline?
A motorcycle accident claim generally moves differently because there is no PIP benefit providing immediate payment while the case develops. The claim depends on establishing liability against the at-fault driver from the outset rather than filing a quick no-fault claim first.
Can I sue for pain and suffering after a motorcycle accident without meeting a serious injury threshold?
Yes, since motorcyclists are not part of Florida's no-fault PIP system, the serious injury threshold that applies to car accident claims under Section 627.737 does not apply the same way to motorcycle accident cases.
What if the accident happened because road debris or a pothole caused me to lose control?
This depends on who maintained the road or created the hazard, since a government entity or contractor may bear responsibility separate from any other driver. These claims often involve different notice requirements than a standard driver-negligence case.
Get A Clear Read On Your Motorcycle Accident Claim
Without PIP to fall back on, every motorcycle accident claim in Florida rests on how well the liability case gets built from the start. Martin Berger and Zachary Hicks review that evidence directly with every rider who calls.
Call Berger & Hicks, P.A. at (305) 670-7050, submit the contact form on this page, or visit the firm at 9700 South Dixie Highway, Suite 850, Miami, FL 33156 to find out where your case stands.
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