Florida Motorcycle Law FAQs

Florida Motorcycle Law FAQs

Maybe you love to ride, but you still have questions about Florida’s motorcycle laws. Below, the attorneys at 911 Biker Law answer frequently asked questions.

“Can I File A Personal Injury Claim Without Insurance?”

You can file a personal injury claim without insurance if the other party is at fault.  If you’re hurt in an accident that you didn’t cause, it’s unlikely that your insurance—or lack thereof—won’t need to be involved much at all.  Instead of their hands getting dirty and leaving you to pay on your own, the opposite party’s insurance tends to take over. Whether your damages include property, medical bills, and/or lost wages, the insurance company will take care of it.  Filing claims, even if you don’t have your own insurance, follows the same procedure as if you do have insurance. Gather pictures of your injuries, your damaged bike, and take down names and phone numbers from any witnesses.

Be sure to get all of the insurance and contact information of everyone involved, just in case they support your side of the claim.  With all of the evidence ready, you’re now able to notify the involved parties’ insurance company of your intent to file a personal injury claim.  At this point, things can get messy. Having a personal injury attorney by your side will help you throughout the entire process. Insurance companies are complicated and don’t always want to give out their money.  With the headache a claim adjuster can cause, hiring an attorney can make this process easier and help you win your case.

“When I Ride In Florida, Do I Have To Wear Protective Headgear?”

If you’re younger than 21, you must wear a helmet to ride on a motorcycle.  If you are over 21, and you have an insurance policy with a minimum of $10,000 in medical benefits, you do not have to wear protective headgear.  The first requirement for a helmet exemption is your age, yet you can still be pulled over if a police officer suspects you are underage. The second requirement is having an insurance policy with at least $10k in medical benefits in case an accident occurs.  Although helmets may not feel great on your head or give you that “open road” feeling, they have been proven to prevent the death of motorcyclists involved in crashes.

Unfortunately, after Florida changed its legislation regarding helmet laws in 2000, the death rate per 10,000 registered motorcycles went up by 21%.  Furthermore, the fatality rate of riders under the age of 21 almost tripled. Such data published by the Center for Disease Control and Prevention (CDC) should be enough encouragement to forego the fear of “helmet hair” and ride safely instead.

“In Florida, Is There A Penalty I’d Face If I Rode Without The Right Motorcycle Endorsement On My License?”

There’s definitely a penalty to face if you are caught riding without a motorcycle endorsement on your license, and more than one.  According to Section 322.03(4), Florida Statutes, riding your Harley or Ducati without the appropriate endorsement is a criminal second degree misdemeanor and punishable by law.  You could be handed a $500 fine, six months of probation, or you could be sent to jail for up to 60 days. Throughout Florida, fines, court fees, prosecution fees, and investigation costs vary.  Follow the advice about wearing helmets in this case and get the endorsement before you ride your bike.  Being proactive about getting the proper motorcycle endorsement on your license can save you thousands of dollars in legal fees and fines and ….. keep you out of the county jail!

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