Florida motorcycle accident claims

Can You Sue for a Motorcycle Accident?

By Miller & Jacobs Accident Attorneys

You may be able to sue if another party's legal fault caused your injuries in a motorcycle crash. A rider or passenger still needs proof of the claim and the loss. Who caused the crash, the claim's deadline and the available coverage all need review.

Most Florida injury claims based on negligence have a two-year filing period if they legally arise after March 24, 2023. Earlier claims and other claim types need a separate time check. Get the care you need. Have the filing date checked while you gather records.

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A gloved arm on the roadway beside a fallen motorcycle and a car.

Connect the unsafe act to the harm

For a negligence claim, show that the party owed a duty of care, failed to use reasonable care and was a legal cause of your harm. You also need proof of the loss. Florida's civil jury instructions explain care and legal cause. More than one act may help cause a crash.

Focus on what happened before the crash. If the parties dispute a turn, lane change or gap between vehicles, look for proof of what each did. An injury or traffic ticket does not, by itself, settle every part of the civil claim.

What did the parties do?

Keep the original photos, video and witness details. Note the lanes, signs and what happened first. A police report is part of the record. It does not, by itself, decide fault in a civil case.

What harm did it cause?

Keep care records and tell your care team about earlier symptoms or injuries. The proof must link the crash to the harm being claimed.

What loss can you show?

Keep bills, payment records, missed-work records and repair estimates. Show what supports any future loss too. A bill total does not prove every amount claimed.

Identify the party responsible for the specific act

A driver may be at fault for a careless turn or lane change. A passenger's claim may involve the rider, another driver or both. The proof must show each party's role. A vehicle's owner or an employer may need review too. The law, who owned the vehicle, permission to use it and work duties may matter.

If a failed part or repair may have helped cause the crash, keep the bike, part and service records. Have them checked before repairs or disposal. A bike maker, seller or mechanic is not liable just because the bike failed. The review must show the defect or faulty work and how it caused harm.

For a road condition, find out who controlled the road and what duty may apply. A claim against a government agency has its own rules under section 768.28. These include required notices, limits on when the agency can be sued and limits on recovery. A pothole alone does not prove a claim. Have each required step and date checked.

Our motorcycle post-crash guide covers the first steps after a crash. Keep the original records as well as copies used for a claim.

Check the filing date before waiting for a settlement

The general Florida negligence period is two years under section 95.11(5)(a). The 2023 law applies that change to claims that legally arise after March 24, 2023. That legal starting point is called accrual. Earlier claims and exceptions need separate review.

Give the reviewer the crash date, care timeline, parties involved and any earlier claim papers. A claim about a faulty product can have its own time limit. So can a government claim or a claim under an insurance contract. Each may also have required steps before filing.

Do not assume that ongoing care, an open insurance claim or settlement talks give you more time to file. Ask for the deadline and its basis in writing. Work on the claim's value while also keeping track of the filing date.

Review the driver claim and the policy claim separately

Claim against the driver

A claim against the at-fault party is different from a claim under your own policy. The at-fault party's bodily injury liability policy may pay a claim if it covers the loss. A judgment can be more than the policy limit. That does not mean you can collect all the money.

In Scherzer v. Beron, the court held that a motorcyclist did not need to meet the no-fault injury threshold to sue the driver. The rider still had to prove the claim and harm.

Claim under your policy

Florida's no-fault definition of a motor vehicle uses four or more wheels. Personal injury protection, or PIP, has separate rules under section 627.736. Do not assume a car policy's PIP benefits or PIP care deadline apply to someone hurt while riding a two-wheeled motorcycle. Review any medical-payment, health or other applicable coverage.

Uninsured or underinsured motorist coverage is often called UM. It may help when the at-fault driver has no bodily injury coverage or too little. Check who is insured, the vehicle and the policy's terms and exclusions. Owning a car policy does not mean every motorcycle crash is covered. If you or a family member in your household owns the bike, check whether UM was bought for it. Some UM policies can exclude losses from riding that owned vehicle under section 627.727(8).

A UM pain-and-suffering claim has a separate injury test under section 627.727(7). The policy may provide broader coverage, as Dauksis v. State Farm explains. Our motorcycle pain-and-suffering guide covers that test and policy review in more detail.

Your share of fault can reduce or bar recovery

Under section 768.81, your share of fault reduces damages in a covered negligence action. More than 50% fault for your own harm bars recovery. Exactly 50% does not trigger that bar. Riding a motorcycle does not, by itself, decide your share of fault.

The 2023 change generally applies to suits filed after March 24, 2023. That filing date differs from the date the claim legally arose, used for the two-year deadline change. The more-than-50% bar does not apply to medical-negligence cases under chapter 766.

Match each requested loss to its proof

A claim may include medical expenses, missed pay, reduced earning ability, property loss and pain or limits on daily life. Each item needs proof of the loss and its link to the crash. A future care or work loss estimate needs a clear basis.

A liability settlement or court award may include proven pain and suffering where the law allows it. There is no fixed value for every motorcycle injury. Keep medical bills separate from amounts paid and still owed. Florida's medical-expense proof rules in section 768.0427 can affect the evidence and the amount recoverable.

Wooden blocks labeled Damages and Claim on a table

A claim may settle, but a release needs careful review

An insurance claim may settle through talks without a trial. A lawsuit may be needed to pursue a disputed claim or protect a filing date. Filing does not promise a win or a larger payment.

Review the proposed release, the losses covered and the amount you would receive after agreed fees, costs and any repayment amounts. A release may end claims for future losses while treatment continues.

If you may need underinsured motorist coverage after settling the driver claim, check section 627.727(6)'s settlement-notice process and the policy before signing. A release can affect the insurer's rights and your remaining claim.

Speak With Our Motorcycle Accident Lawyers

Mark J. Miller and Rick S. Jacobs, partners at Miller & Jacobs

Mark J. Miller, Partner, Motorcycle Accident Lawyer

Rick S. Jacobs, Partner, Motorcycle Accident Lawyer

Bring the crash date, original photos or video, witness details, care records, policy papers and any offer or release. Tell the reviewer which records are missing. Say if the bike or a part may need to be checked.

Our Orlando motorcycle accident team and Pompano Beach motorcycle accident team can review the facts, possible parties, coverage and filing dates.

If the crash caused a death, the claim needs a separate review. Under section 768.20, the personal representative brings the wrongful-death action for the survivors and estate. This is the person appointed by the court to act for the estate. Our wrongful-death filing guide explains that role. Have the death claim's own filing rules checked.

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Questions about bringing a motorcycle crash claim

Can I bring a claim if I share some fault?

Your share of fault may reduce damages. In a covered negligence suit, more than 50% fault for your own harm bars recovery. Exactly 50% does not. Have the law and proof checked before accepting a share of fault.

Do I need a permanent injury to sue the driver?

A rider hurt on a two-wheeled motorcycle does not need to meet a car's no-fault injury threshold in the ordinary suit against the driver. The rider must still prove the claim and harm. A UM pain-and-suffering claim has its own injury test. The policy may provide broader coverage.

What if the responsible driver has no insurance?

A lack of insurance does not, by itself, erase the driver's legal duty to pay for harm caused. It affects how you may recover money. Review any UM policy and other parties who may be at fault. A judgment alone does not guarantee payment.

Do settlement talks give me more time to file?

Do not assume they do. Have the filing date checked while talks and care continue. The general negligence period and its 2023 change need review. So do any exceptions for your claim.