Being a passenger on a motorcycle ride can be an exciting way to discover Florida’s historical sites and natural scenery. However, motorcycles offer much less injury protection than cars when in a crash.
Passengers in particular have no control over the vehicle, making them even more vulnerable to injuries than the motorcyclist in a crash. In 2022, 26 motorcycle passengers died in crashes in Florida, 154 received incapacitating injuries, and another 479 suffered more minor injuries while riding.
All road users, including motorcycle passengers, have rights after a crash. Learn what to do after a motorcycle accident and how to pursue compensation with the help of a Miami motorcycle injury lawyer from Aigen Injury Law.
What are Your Rights as a Motorcycle Passenger?
If you were riding as a motorcycle passenger in Florida, you have the right to seek compensation for your injuries and damages after a crash. This typically means filing an insurance claim against the driver who caused the accident, or filing a personal injury lawsuit against the motorcycle operator if they caused the crash.
While motorcyclists aren’t required to carry liability insurance in the state of Florida, they are still legally financially liable for injuries they cause up to $10,000 if they choose not to purchase insurance, and must have proof of funds (net worth of at least $40,000) in order to register their motorcycle.
It’s important to note that since PIP is not available to motorcycle riders or their passengers, people injured while riding on a motorcycle are also not required to prove their injury is “significant or permanent” before they can file a fault-based claim.
As an injured passenger, you can seek a settlement for:
- Medical expenses like doctor visits, hospital stays, surgery, or rehabilitation
- Lost wages from missed work due to your injuries
- Loss of future earning capacity due to resulting disability
- Pain and suffering, including emotional distress, depression, or PTSD
- Loss of enjoyment of life from limited independence and restricted activities due to your injuries
What to Do After a Crash?
The moments following the impact can be tense and nerve-wracking, no matter the cause. The following steps can ensure your safety and protect your right to compensation for your injuries:
- Seek Medical Care: Get medical attention immediately after the accident. Some injuries, such as concussions or internal damage, may not show symptoms right away. A thorough medical examination ensures you get appropriate treatment and documents the injuries for future evidence.
- Gather Evidence: If you are uninjured enough to do so, document the accident scene by taking photographs and videos of your injuries, the vehicles involved, road signs or conditions, and the positions of the vehicles post-collision. This visual evidence can support your account of the events for insurance claims.
- Obtain Other Driver’s Information: Exchange information with the other driver in the accident. This includes their name, address, phone number, driver’s license number, license plate number, and insurance policy details.
- File an Insurance Claim: File a claim with the appropriate party. It’s best to consult an attorney first to help determine your compensation options and get legal guidance. A skilled lawyer from Aigen Injury Law can estimate your full damages, consider all sources for a settlement, and file a well-supported claim on your behalf.
Where Do You File the Insurance Claim?
Where you file your insurance claim depends on who was responsible for the crash, their insurance coverages, and the severity of your injuries. The following illustrates your possible compensation options in Florida:
| Source of Compensation | Insurance Options | What It Covers |
| Motorcyclist | Their Liability Coverage or Personal Funds | Liability covers all damages up to the policy’s limits.
Only applicable if the driver opted for this coverage, as it is optional for motorcycles in Florida. If they have a Financial Responsibility Certificate instead, the at-fault motorcyclist is personally liable. |
| Third-Party Driver | Their Liability Insurance | Liability covers all damages up to the policy’s limits, including medical expenses, lost wages, and pain and suffering.
Victims are not required to meet the state’s serious injury threshold. |
| Your Insurance | Your Uninsured Motorist (UM)/Underinsured Motorist (UM/UIM) policy | If the responsible party doesn’t carry insurance or their coverage isn’t enough to cover your damages, you can file with your UM or UIM for full compensation. |
Seek Guidance With Aigen Injury Law
Understanding your rights and legal options after a motorcycle accident can be challenging, especially as a passenger. Our motorcycle crash attorneys at Aigen Injury Law have years of experience helping accident victims understand their rights and can provide legal advice tailored to your situation.
Whether you need help understanding who to contact or want to file a claim against a negligent third-party driver, we’re on your side. Contact us for a free case evaluation.