JZ helps (a Florida injury law firm)

Call Now! (888) 594-3577Get a Free Consultation - 24 / 7
Se habla Español
Call Now! (888) 594-3577
Get a Free Consultation - 24 / 7
Se habla Español


  • Home
  • Videos
  • Blog
  • Settlements
    • Injury Settlements
    • Car Accident Settlements
    • Slip, Trip & Fall Settlements
    • GEICO Car Accident Settlements
    • Rear End Car Accident Settlements
    • Motorcycle Accidents Settlements
    • Truck Accident Settlements
    • State Farm Settlements
    • Uber Accidents
    • Progressive Insurance Settlements
    • Bike Accident Settlements
    • Pedestrian Hit By Car Settlements
    • Uninsured Motorist Insurance Settlements
  • About Us
    • About Us
    • See Inside
    • Types of Injuries We’ve Dealt With
    • List of Cities Where We’ve Settled Cases
    • Press Room
  • Fees
    • Our Fees
    • Referral Fees
  • Cases We Handle
    • All personal injury cases
    • Car Accidents
    • Truck Accidents
    • Uber Accidents
    • Slip and Falls and Injuries on Property
    • Cruise Accidents
    • Florida Motorcycle Accidents
    • Pedestrian Accidents
    • Accidents at a Store
    • DUI Accidents
    • Accidental or Wrongful Death
    • Florida Condo and Apartment Accidents
    • Hotel Accidents
  • Get a Free Case Review
  • Reviews
You are here: Home / Auto Accident Claims / Does Uninsured Motorist Insurance Cover Motorcycle Accidents in Florida?

September 6, 2021 By Justin Ziegler, Lawyer 12 Comments

Does Uninsured Motorist Insurance Cover Motorcycle Accidents in Florida?

uninsured motorist insurance coverage motorcycle rider hit by car

If a car hits (and injures) you while you’re on a motorcycle, does uninsured motorist insurance cover you?

You may want to know the answer because so many drivers of cars are uninsured or underinsured. In fact, that is one of the top 3 reasons why you may lose motorcycle injury claim.

Uninsured motorist (UM) coverage may provide compensation to you if you’re injured while on a motorcycle. In order for UM to pay you, someone other than you must be at fault for the accident.

Uninsured motorist compensation pays for medical bills, lost wages, pain, suffering, mental anguish, loss of enjoyment of life, etc.) or wrongful death damages caused by the negligence of an uninsured motorist.

If you have uninsured motorist coverage on a motorcycle, and you meet the above criteria, then you are entitled to compensation.

Let me give you an example:

You are driving your motorcycle. Or maybe you are driving your friend’s motorcycle. Either way, assume that the motorcycle insured with uninsured motorist coverage.

Another driver crashes into you while you are on the motorcycle. If the other driver is uninsured or underinsured for bodily injury liability (BIL) coverage, the UM on the motorcycle will pay you. Of course, the value of your case depends on how badly you are injured.

But there is a big problem. Very few motorcycles in Florida are insured. And of the very few that are insured, many do not have uninsured motorist coverage.

Which brings us to an interesting question:

Are you entitled to UM coverage even if it was not specifically purchased for the motorcycle?

The answer may surprise you. Florida motorcycle insurance laws are complex. That said, the ownership of the motorcycle may be a deciding factor in whether you get UM coverage.

Now, we are going to look at a few different scenarios to see when you get UM coverage.

Table of contents

  • If you or other “insureds” do not own the motorcycle (Uninsured motorist insurance always applies)
  • Example #1 – You (or other “insureds”) don’t own the motorcycle – UM always applies.
  • If You Own the Motorcycle that Was Involved in the Crash, UM Coverage may apply
  • Example #2 – Jose is Riding a Motorcycle That He Owns, His Stacking Auto Insurance Will Cover Him
  • Example #3 (If you’re riding a motorcycle you own, your stacking UM auto coverage on 2 cars covers you)
  • A non-stacking UM policy may Cover you
  • Example #4 – Nonstacking UM Likely Won’t Cover Jose if He Owned the Motorcycle
  • Do You Need to Make a UM Insurance Claim if an Uber Hits You While You’re On a Motorcycle?
  • Motorcyclist’s Family May Need to Make a UM Claim if Motorcyclist is Killed in the Accident
  • How long do you have to sue for UM benefits from a Florida motorcycle crash?
  • What Other Coverage Pays for Your Injuries If You’re Hurt While on a Motorcycle?
  • Which Injuries Does Uninsured Motorist Insurance Pay the Most For? 
    • Which Insurance Companies Pay the Least for a Motorcycle Rider’s Uninsured Motorist Insurance Claim?
  • I want to represent you!
    • Call Us Now!
    • No Fees or Costs if We Do Not Get You Money

If you or other “insureds” do not own the motorcycle (Uninsured motorist insurance always applies)

If you – or other “insureds” – do NOT own the motorcycle you were occupying at the time of the crash, you would be covered under any Florida UM policy to which you are an insured.

This is true regardless of whether the UM coverage on the auto is stacking or non-stacking. (I’m talking about personal auto policies, not commercial policies.)

Example #1 – You (or other “insureds”) don’t own the motorcycle – UM always applies.

Jose is driving his friend Mike’s motorcycle, which he borrows for the day. Mike’s motorcycle is NOT provided to Jose for regular usage.

Jose does not live with Mike. Brian is driving his own car and on his way to movies.  Jose and Brian crash.

Jose injures his shoulder.  Let’s assume that Brian does not have bodily injury (“BI”) liability insurance on his car. 

Brian is therefore considered uninsured.  Now we look to see if there is UM coverage available for Jose.

If Jose is an insured under an auto insurance policy that provides UM coverage, Jose can make a claim under the UM coverage.

If You Own the Motorcycle that Was Involved in the Crash, UM Coverage may apply

Perhaps the motorcycle rider owns the motorcycle that he is riding.  If so, he may still qualify for uninsured motorist coverage under an auto insurance policy in Florida.

It would depend on whether or not the available UM policy is stacking.  You can find out whether you had stacking coverage by looking at your declarations page in your insurance policy. You can also write to any car insurance companies that may have provided UM coverage.

Stacking UM coverage on an auto that you own will cover your injuries that occur on any motorcycle. This is true even if you own the motorcycle. Just as in example #1, you still need to prove that a driver’s negligence caused your injury.

However, there are some commercial (business) policies where UM only applies when you are occupying the insured vehicle. There are also some out of state policies like that as well.

Stacking uninsured motorist coverage applies no matter where you are when you are hit.

In fact, stacking UM coverage would cover you if an uninsured car hit you while you were in a submarine!

(Of course, the image below is a dramatization. It’s not an actual event.)

stacking uninsured motorist coverage covers you anywhere an uninsured driver hits you.

Example #2 – Jose is Riding a Motorcycle That He Owns, His Stacking Auto Insurance Will Cover Him

Jose is driving his own motorcycle.  Brian is driving his own car and on his way to movies. He hits Jose.

The crash causes Jose to injure his shoulder.  Assume that Brian does not have bodily injury liability (BIL) insurance on his car.

Brian is therefore considered uninsured.  Now we look to see if there is UM coverage available for Jose.

If Jose owned a car that had stacking UM coverage on it at the time of the accident, then Jose can make a claim for compensation under this UM coverage.  Jose can do this under any stacking UM policy that applies to Jose.

For example, if Jose owned a Honda Accord with a $10,000 in stacking UM coverage, that $10,000 will cover Jose for his damages. Again, this is true even though Jose is driving a motorcycle without uninsured motorist coverage.

Example #3 (If you’re riding a motorcycle you own, your stacking UM auto coverage on 2 cars covers you)

Now:

Let’s assume that you owned 2 (or more) cars each with $10,000 stacking Florida uninsured motorist coverage.

Again, we’ll assume that you are driving a motorcycle without UM coverage. Maybe your agent had you sign a UM rejection form for the motorcycle policy. Or maybe you never insured the motorcycle at all. For purposes of this example, the answer is the same either way.

Like the other example above, we’ll assume that Brian is at fault for the wreck. Here, you can combine your his stacking uninsured motorist coverage from your two cars. This means that you have up to $20,000 in UM coverage.

Of course, you will need injuries that are worth $20,000 in order to get the UM insurer to pay the policy limits.

What if you have 3 cars that each have a a $10,000 stacking UM limit?

You then have $30,000 (3 cars x $10,000) in UM coverage. Again, this assumes that you did not have UM coverage on your motorcycle.

A non-stacking UM policy may Cover you

Florida Statute 627.727(9) doesn’t mention motorcycles but it applies in some situations, such as where you are on a motorcycle owned by an insured and not covered by the auto insurance policy.

Section (9) describes the requirement for the lesser type policy that we call (incorrectly) a non-stacking policy. I say “incorrectly” because the statute affects more than stacking, and because even a (9) policy stacks in certain situations.

The difference is that with NON-STACKING (a section (9) policy), the motorcyclist would not be covered if he (or any other insured) owns the motorcycle (or has it given to them for their regular usage and does not come within some narrow exceptions, such as newly acquired vehicle, temporary substitute vehicle, etc.).

As I mentioned in #1 above, Non-stacking coverage (Section (9) policy) would give the motorcyclist coverage if he or other insureds do not own the motorcycle.

Example #4 – Nonstacking UM Likely Won’t Cover Jose if He Owned the Motorcycle

Jose is driving his motorcycle that he owns.  Brian is driving his own car while on his way to watch a movie.  Brian crashes into Jose.  Jose injures his shoulder.

Assume that Brian doesn’t have BI liability insurance on his car.

Brian is therefore considered uninsured, and now we look to see if there is non-stacking UM coverage available for Jose.

If Jose owned a car, that had UM coverage on it at the time of the accident, then Jose cannot make a claim for his damages under this non-stacking UM coverage under ANY UM policy that applies to Jose.

If Jose owned a Honda Accord with a $10,000 in UM coverage, that $10,000 will not cover Jose for his damages.

The narrow exceptions would be if the motorcycle was a newly acquired vehicle, or temporary substitute vehicle, where Non-stacking would cover Jose even if he owns the motorcycle.

Do You Need to Make a UM Insurance Claim if an Uber Hits You While You’re On a Motorcycle?

It depends on if the Uber driver was engaged in a ride.  (Here, when I say Uber, I’m also referring to Lyft).

If an Uber has an accident with a motorcycle while the Uber is engaged in a ride, the motorcyclist likely won’t need to make an uninsured motorist insurance claim.  This is because the Uber driver will have up to $1 million dollars of BI liability insurance.  Florida Statute 627.748(7)(c)1.a .

Most motorcycle accident cases are worth under $1 million dollars.  This is true in many cases even if you have a serious injury.  Serious injuries include a leg fracture that requires surgery, a tibial plateau fracture, a shoulder injury.  There are many other bad injuries.

What happens if the Uber of Lyft wasn’t engaged in a ride?

If an Uber or Lyft driver (with the app on) hits a motorcycle rider, Uber provides the driver with bodily injury liability (BIL) limits of $50,000 per person/$100,000 per accident.  Florida Statute 627.748(7)(b)1.a  Again, this assumes that the Uber or Lyft wasn’t engaged in a ride.

What is the best part of Lyft or Uber accident cases?

As long as the Uber or Lyft driver has the app on, there is at least $50,000 of coverage.  If the motorcycle rider has bad injuries, the Lyft accident settlement may not be enough to pay fair value.

Hence, the motorcycle rider may need to make an uninsured motorist insurance claim to get fair value.

Motorcyclist’s Family May Need to Make a UM Claim if Motorcyclist is Killed in the Accident

However, someone was killed in an accident and was survived by a spouse or minor child, the family members may need to make a UM claim.  This is because the Uber driver’s $1 million dollar insurance limits may not be enough to cover the fair value of the minor child or spouse’s mental pain and suffering claim.

However, if the motorcyclist is hit by an Uber who has the app on, but is not engaged in a ride, then Uber provides the driver with limits of $50,000 per person/$100,000 per accident.  Florida Statute 627.748(7)(b)1.a

In this situation, if the motorcycle rider has bad injuries, he may need UM insurance to get full value for the case.  For example, if the motorcycle rider has one of the following injuries, he likely will need to make a UM insurance claim.

How long do you have to sue for UM benefits from a Florida motorcycle crash?

Time limit to sue

Typically, an injured motorcyclist has five (5) years to make a UM claim against a Florida UM policy.  However, if the motorcyclist is making a claim against an out of state UM policy, the out of state UM insurance laws will likely determine the time limit to bring a UM claim.

What Other Coverage Pays for Your Injuries If You’re Hurt While on a Motorcycle?

If a motorcyclist has other first party coverage, then it may provide benefits to him as well.  Examples of first party insurance are health insurance, Medicare, Medicaid, Tricare, Long or short term disability insurance, workers’ compensation and more.

Which Injuries Does Uninsured Motorist Insurance Pay the Most For? Image result for Surgery justinziegler.net

To answer this question, you need to look up every jury verdict that involved a motorcycle accident.  But don’t stop there.  Specifically, keep your eye on the uninsured motorist insurance settlements for motorcycle accidents.

Particular injuries historically get bigger verdicts than others.  And motorcycle cases are no exception to this rule.

Again, I am referring to the pain and suffering part of the claim.

Thus, motorcycle accident settlements for certain injuries are higher.  At least most of the time.

Typically, the highest motorcycle accident settlements are for surgery on:

  • Lower leg (tibia) fracture 
  • Tibial plateau fracture
  • Shoulder joint tear (labrum tear)
  • Broken wrist (distal radius fracture)
  • Rotator cuff tear
  • Fracture of a bone in your face
  • Herniated disc
  • Thumb fracture
  • Broken upper leg bone (femur) or hip fracture

As you may imagine, death and moderate to major brain injury consistently get high verdicts.  So do amputations.  Thus, settlements are often high for those injuries as well.

Which Insurance Companies Pay the Least for a Motorcycle Rider’s Uninsured Motorist Insurance Claim?

When it comes to the major personal auto insurers in Florida, Progressive gets the worst ranking.  The other three major insurers, State Farm, Geico, Allstate, all pay better than Progressive.  Though, GEICO is currently better than State Farm and Allstate.

However, they all make lowball offers.

USAA is better than GEICO.  USAA has a reputation for paying more for uninsured motorist insurance settlements for motorcycle accidents.

Did someone’s carelessness cause your injury while you were on a motorcycle?

If your answer is yes, then…

I want to represent you!

My Miami law firm represents people injured anywhere in Florida in motorcycle accidents and many other types of accidents.

I want to represent you if you were hurt in an accident in Florida.

Call Us Now!

Complete this simple form to find out for FREE if I can represent you.  or call me now at (888) 594-3577. Call me 24 hours a day, 7 days a week (365 days a year).

No Fees or Costs if We Do Not Get You Money
Miami Car Accident Lawyer : No Fees or Costs if We don't get you money.

We speak Spanish. We invite you to learn more about us.

Related

Filed Under: Auto Accident Claims, Uninsured Motorist Claims

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Comments

  1. Nick Noreika says

    June 19, 2015 at 6:05 pm

    Informative article that’s essential for anyone in FL who rides.

    Great work on your blog Justin.

    Reply
    • Justin Ziegler says

      June 19, 2015 at 6:16 pm

      Thank you Nick.

      Reply
  2. Kurt says

    April 18, 2017 at 12:12 pm

    Very informative and helpful article. Thanks for your contribution to the legal field. Keep up the good work!

    Reply
    • Justin Ziegler, Lawyer says

      April 18, 2017 at 12:25 pm

      Thank you for the kind words.

      Reply
  3. Ed says

    April 22, 2018 at 1:02 pm

    will stacked UM on my auto cover my motorcycle when I have 2 different insurance companies or do I need to go with one for all.

    Reply
    • Justin Ziegler, Lawyer says

      April 23, 2018 at 10:52 am

      My response only applies to auto accidents that occur in Florida. (I am only licensed in Florida.) Different states have different car accident laws.

      I don’t know the answer to your question with certainty. I typically make a claim with every potential uninsured motorist (UM) insurance policy. I also make a claim against every responsible party.

      Then, I let every party and/or insurance company tell me, in writing, whether coverage exists (or if there is no coverage, why not).

      If the accident occurred in Florida, and you are injured, and you’re considering hiring a lawyer, you are welcome to call me at 305-661-9977.

      Have a great day.

      Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.

      Reply
  4. Evan says

    April 17, 2019 at 6:08 pm

    Well written and succinctly informative. I especially appreciate the links to related web pages, as well as the Uber and Lyft info, which I wouldn’t have initially considered. As well as the info on insur companies, which is hard to come by. Well done. If there was a possibility of adding info on FL laws regarding MedPay and PIP then I’m sure that would clear up confusion and misunderstandings there as well.

    Reply
    • Justin Ziegler, Lawyer says

      April 17, 2020 at 8:30 pm

      Thank you very much, Evan.

      Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.

      Reply
  5. Joe Matthews says

    April 17, 2020 at 2:36 pm

    Great article Justin. I heard about this before. I have stacked UM on three other vehicles, and should expect my stacked UM to roll over if I need it. But what happens when my agent had me sign a UM rejection form for the motorcycle policy? Thanks!

    Reply
    • Justin Ziegler, Lawyer says

      April 17, 2020 at 8:35 pm

      Joe Matthews:

      Is the UM on all three other vehicles Florida uninsured motorist coverage?
      Are the policies for all 3 other vehicles private passenger policies (and not commercial policies)?

      You should ask your insurance agent the question that you asked me. Ask him for a written opinion. He or she can ask the insurance company underwriter if he does not know the answer.

      Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.

      Reply
  6. Evan says

    April 22, 2020 at 5:03 pm

    Once again in reviewing my UM options I am appreciating this article. Thank you.

    In this article you state, “Stacking Uninsured motorist (UM) coverage on an auto that you own will cover injuries while on a motorcycle, even if the rider owns the motorcycle.” Can you guide me to where I can review the legal reference upon which this statement is based? It seems very difficult, if not impossible, to find legal references for FL UM coverage. Particularly when the vehicles (MC and UM’d vehicle) are insured on different policies (with different insurance companies).

    Thank you for your time in reviewing this request.

    Reply
    • Justin Ziegler, Lawyer says

      April 26, 2020 at 5:27 pm

      Evan:

      If you are reviewing your UM options, I recommend that you speak with your insurance agent. He or she has access to your insurance company underwriter who can answer technical questions. Additionally, you can retain an attorney who can issue you a legal opinion.

      My article is not meant to be a legal opinion or advice.

      In this article, I cited Florida Statute 627.727. I also mention that there are some scenarios where Florida UM stacking coverage may not cover a Florida motorcyclist if he or she is using a motorcycle that he or she owns. This article is not meant to be an exhaustive summary on Florida uninsured motorist law as it relates to motorcycles in Florida.

      Please do not rely on this article (or my blog/website/videos) when making an decisions regarding your UM options or legal rights. Additionally, the law changes from time to time.

      Again, I recommend that you speak with your insurance agent and a lawyer who can give you a written opinion.

      Stay safe! Please let us know what your insurance agent or attorney tells you.

      Disclaimer: My reply is written for general information only. Individual cases demand individual treatment. I am not your lawyer. My reply is not intended as legal advice or opinion. You should speak with a lawyer immediately. There is a time limit to sue.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Serving Florida

Get a Free Consultation. JZ helps (a Florida injury law firm)

Get a Free Consult Now

Complete this form to see if I can represent you. We usually respond fast.

"*" indicates required fields

Name*
MM slash DD slash YYYY
We only represent people for injury or death that happened in Florida (or on a cruise). However, if you live in Florida and the incident happened in another state, we may be able to represent you.
If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you.
Select your most serious injury.
For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc.
Drop files here or
Max. file size: 50 MB.
    By submitting this form I agree to the Terms of Use.

    We’re Open!

    No Fees or Costs if No Recovery

    Florida Injury Lawyer

    Personal injury lawyer Justin "JZ" Ziegler has recovered over $15 Million in settlements for people seriously hurt in accidents in Florida (or on a cruise).

    We want to represent you. Our office is in Coral Gables (Miami-Dade County), Florida. However, we can meet you anywhere in Florida. Call (888) 594-3577 for a Free Consultation Now!

    Search

    Florida Injury Case Types

    • Auto Accident Claims
    • Cruise Accident Claims
    • Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP)
    • Foot and Ankle Injury Claims
    • Hand & Wrist Injury Claims
    • Herniated Disc Claims
    • Lyft accidents
    • Personal Injury
    • Premises Liability
    • Shoulder Injury Claims
    • Slip, Trip and Fall
    • Spinal Injuries
    • Truck Accident Claims
    • Uber Accidents
    • Uninsured Motorist Claims
    • Wrongful Death Claims

    Connect With Us

    • Facebook
    • YouTube

    2010

    Super Lawyers

    2005 & 2006 Up & Coming 

    Interviewed by:

    WSVN 7 Miami

    Miami Herald

    NBC6

    CNNwall street journalQuoted in:
    Miami New TimesTBO - Tampa Tribune

    Telegraph

    Member of:Florida Justice Association

    Florida Justice Association, and Florida Bar

    Subscribe to Blog via Email

    Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    We Handle:

    Car accidents, slip and falls, motorcycle accidents, Uber accidents and more.

    We’ve settled many cases with GEICO, State Farm, Progressive, USAA and others.

    We’ve settled cases for people who’ve injured their shoulder, hand, broken a leg, arm, foot and much more.

    Disclaimers

    Follow Us

    • Facebook
    • YouTube

    Attorney Justin “JZ” Ziegler

    Get a Free Consultation Now!

    We’ve had over $11 million in injury settlements for accidents in Miami, Homestead, Hialeah and throughout Florida.

    We’ve settled many personal injury claims in Miami.  However, we’ve also settled cases throughout the entire state of Florida.  This includes several settlements for over $195,000 for accidents that happened in Fort Lauderdale, the Orlando area, Clearwater, Pensacola and other cities.

    Contact Us

    JZ helps (a Florida injury law firm)
    1450 Madruga Ave., Suite 306B
    Coral Gables, Florida 33146

    Our office is near the University of Miami.  Serving all of Florida.

    1-888-JZ-Helps (1-888-594-3577) or 305-661-9977

    24 hours / 7 days a week

    En Español

    We’re also proud of our results in other parts of the state (as well as the Miami area).  Therefore, I call myself a Miami injury lawyer who serves all of Florida.

    Copyright © 2023 · JZ helps (a Florida injury law firm)