If someone’s carelessness caused your injury while you were on a motorcycle in Florida, there are different coverages which may pay for your medical bills.
This article does not talk about how motorcycle riders get their lost wages paid, or whether they can get money for pain and suffering. I wrote separate articles on those topics. Also, I wrote a separate article on personal injury claims if a motorcycle rider hits you.
Unless I say otherwise, assume that the motorcycle accident happened in Florida.
Does Florida’s PIP Law Apply to Motorcycles?
No. Florida PIP law requires only the owner or registrant of a motor vehicle to have personal injury protection benefits (“PIP”).
“Motor vehicle” is defined in section 627.732, Florida Statutes, so as to exclude any self-propelled vehicle with fewer than four wheels.
Thus, a motorcycle is not a motor vehicle under the no-fault law and isn’t required to have PIP. Scherzer v. Beron, 455 So.2d 441 (Fla. 5th DCA)
Does Motorcycle Insurance Cover Medical Bills?
Only PIP or Medpay coverage on a motorcycle insurance policy pays medical bills. PIP and Medpay is not required on a motorcycle.
If the motorcycle is only insured with collision or comprehensive coverage, it will not cover medical bills.
Can a Motorcycle Still Have PIP or Medical Payments Coverage?
If you qualify for no fault coverage, it will pay for your medical bills – up to the limits – regardless of fault.
Speaking with the Motorcycle Medpay Claim Adjuster
If Medpay is available, you may be required to give a recorded statement to the insurer. You should hire an attorney before giving a statement.
Be very careful speaking with the adjuster. Only answer the questions asked. Otherwise, it can be disastrous for motorcycle riders.
Send a letter to the Motorcycle’s Medpay Insurer via Certified Mail
Tip: If the motorcycle is insured, be sure to send the Medpay insurer a letter via certified mail which states that you intend to claim damages from the tortfeasor.
It should tell the Medpay insurer that they, the provider of collateral sources, will waive any rights to subrogation or reimbursement unless they provide you with a statement asserting payments of benefits and right of subrogation or reimbursement within 30 days following receipt of this notice.
This can result in a huge savings to you if the Medpay insurer blows this deadline.
Warning! The Medpay insurer does not waive any right of subrogation or reimbursement if you do not send the letter via certified mail, so be sure to do it and spend the extra $6.00 or so. The six dollars could save you thousands.
As of a year or so ago, I heard from a State Farm agent that they did not offer medical payments coverage for motorcycles in Florida.
I am unsure whether other insurance companies offer medical payments coverage on Florida motorcycle policies.
Who Else Is Responsible for Your Medical Bills?
If someone’s carelessness caused your injury while you were on a motorcycle in Florida, you may be able to make a claim against any or all of eleven (11) parties to get your medical bills paid.
The responsible parties include, but are not limited to, the careless driver, and the owner of the vehicle that the careless driver was operating.
If you have the insurance information for the person that caused your accident, great! If not, find out how to get their insurance policy after an accident in Florida.
You should immediately set up a claim with the car insurance company of the driver (or owner) of the car or truck that caused the accident. Find out why speaking with the insurance company can hurt your case.
Warning! Prior to settling a personal injury claim against the BI insurer, be sure that you send the proper letter, via certified mail, to the UM insurer
4 Year Time Limit to Sue Based Upon Negligence
Uninsured Motorist (UM) coverage
The vehicle whose negligent driver caused your crash may not have BI liability coverage. If you were an occupant of a motorcycle, you may be entitled to uninsured motorist (UM) liability coverage.
If a driver’s negligence caused your injury, and you are entitled to UM coverage, it pays for any outstanding medical bills that the negligent party’s BI coverage does not pay for.
UM coverage is optional. Florida law does not require a car or motorcycle owner to have uninsured motorist insurance.
You have five (5) years in Florida to sue for UM coverage.
Will Your Health Insurance Pay Your Medical Bills if You’re Hurt in a Motorcycle Crash?
Yes. I’ve represented motorcycle riders who’ve been insured with the following companies, and they’ve paid the bills:
- Blue cross blue shield (“BCBS”), United Healthcare, Anthem, Aetna, Cigna and other health insurers pay the medical bills.
However, your health insurer may first want to make sure that the motorcycle’s insurance policy didn’t have Medpay insurance on it.
Your health insurer may require that you send them your declarations page of your motorcycle insurance policy.
Does the Careless Driver Have to Pay Your Health Insurance Deductible and Copays?
You may have a health insurance deductible and copays.
If another driver’s negligence caused your accident while you were on a motorcycle, the responsible driver’s insurer must pay you your deductible and copays that you paid out of pocket.
This assumes that the careless driver has BI liability insurance.
Will Medicaid Pay Your Medical Bills if You’re Hurt in a Motorcycle Crash?
Yes. However, a hospital doesn’t have to bill Medicaid.
The hospital may choose to not bill Medicaid. They can wait until you settle your personal injury case. The hospital can claim a lien on your personal injury settlement.
If you have other first party coverage, it may pay for your medical bills or give you other benefits.
Did someone’s carelessness cause your injury in a Florida motorcycle crash or another type of accident?
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Editor’s Note: This post was originally published in February 2013 and has been completely revamped and updated.