I was hit on my motorcycle in Hialeah. Does PIP cover me?
No. Florida's no-fault PIP system does not cover motorcycles, because a motorcycle is not a "motor vehicle" under Fla. Stat. § 627.732(3). That means there is no $10,000 PIP cushion for your medical bills after a motorcycle crash. Your claim goes directly against the at-fault driver's bodily injury insurance and your own uninsured motorist coverage, and you do not have to meet the permanent-injury threshold to recover pain and suffering.
Wolfson & Leon has represented injured riders in Miami-Dade County since 1963. The consultation is free, in English or Spanish, and there is no fee unless the firm recovers money for you.
Who pays my medical bills after a motorcycle accident in Florida?
Because PIP does not apply, the first sources of payment are your health insurance, any medical payments (MedPay) coverage on your motorcycle policy, and medical providers who agree to treat under a letter of protection while the case is pending. The at-fault driver's bodily injury (BI) liability coverage pays at the end, when the case settles or a jury decides. If the driver has no BI coverage, which is common in Miami-Dade because Florida does not require it, your own uninsured motorist (UM) coverage on the motorcycle policy or a household car policy is often the only real source of recovery.
Does not wearing a helmet hurt my case in Florida?
It can reduce it, but it does not end it. Florida law allows riders 21 and older to ride without a helmet if they carry at least $10,000 in medical benefits coverage (Fla. Stat. § 316.211(3)(b)). Riding legally without a helmet is not negligence by itself. But an insurer will argue that a head injury would have been less severe with a helmet, and under Florida's comparative fault rule (Fla. Stat. § 768.81) a jury can reduce your damages by whatever percentage they assign to that choice. Injuries below the neck are not affected by the helmet argument at all.
Why do drivers say they "didn't see" the motorcycle?
The most common motorcycle crash in Hialeah is a car turning left across the rider's path at an intersection, on W 49th St, Okeechobee Road, W 68th St, or the Palmetto frontage roads. The driver almost always says they never saw the motorcycle. Under Fla. Stat. § 316.122, a driver turning left must yield to oncoming traffic that is close enough to be a hazard. "I didn't see him" is an admission that the driver failed to look, not a defense. Wolfson & Leon uses the crash report, witness statements, intersection cameras, and the physical evidence to show the rider had the right of way.
What should I do after a motorcycle crash in Hialeah?
Get medical care immediately, even if you think you can ride home. Keep your helmet, gear, and the bike exactly as they are; do not repair or discard them. Photograph the scene, the car, and its license plate. Get the names of witnesses; in a motorcycle case the driver's story and yours are usually very different, and a neutral witness matters. Do not talk to the driver's insurer before you talk to a lawyer.
What compensation can I recover after a motorcycle accident?
Because motorcycles are outside Florida's no-fault system, an injured rider can recover medical bills, lost wages, and pain and suffering from the at-fault driver for any injury, not only a permanent one; the permanent-injury threshold in Fla. Stat. § 627.737 does not apply. The practical limit is the insurance available: the driver's bodily injury coverage, which Florida does not require and many Miami-Dade drivers do not carry, and your own uninsured motorist coverage, which is why we read every policy in your household on the first call. Damage to the bike and gear is a separate property claim.
What mistakes hurt a motorcycle accident claim?
- Repairing or discarding the bike, helmet, or gear. They are evidence of speed, impact, and injury; keep them as they are.
- Answering "were you wearing a helmet?" or "how fast were you going?" on a recorded line with the driver's insurer.
- Not getting witnesses. In a motorcycle case the driver's story and yours will differ; a neutral witness decides it.
- Skipping the ER because you rode home. Adrenaline hides injuries; the gap becomes the defense.
- Assuming there is no coverage because the driver was uninsured, without checking every household policy for UM.
Key facts
- Motorcycles are excluded from Florida's no-fault (PIP) system; there is no PIP for riders. Source: Fla. Stat. § 627.732(3), § 627.733
- Riders 21 and older may ride without a helmet if covered by at least $10,000 in medical benefits; eye protection is always required. Source: Fla. Stat. § 316.211
- A driver turning left must yield to oncoming vehicles close enough to be an immediate hazard. Source: Fla. Stat. § 316.122
- Lane splitting (riding between lanes of traffic) is illegal in Florida. Source: Fla. Stat. § 316.209(3)
- A motorcycle endorsement on your license is required to ride in Florida. Source: Fla. Stat. § 322.12(5)
- Two years to file a negligence lawsuit for crashes on or after March 24, 2023. Source: Fla. Stat. § 95.11
Frequently asked questions
The driver who hit me has no bodily injury insurance. Is there anything I can do?
Check every policy in your household for uninsured motorist (UM) coverage: your motorcycle policy, your car policy, and policies of relatives you live with. UM coverage steps in for the at-fault driver. Wolfson & Leon reviews all of the policies on the first call.
Do I need a permanent injury to recover pain and suffering after a motorcycle crash?
No. The permanent-injury threshold in Fla. Stat. § 627.737 applies to claims that run through the no-fault system. Because motorcycles are outside that system, a rider can claim pain and suffering for any injury caused by the at-fault driver.
I was not wearing a helmet. Can I still bring a claim?
Yes. If you were 21 or older with $10,000 in medical coverage, riding without a helmet was legal. The insurer may argue it made a head injury worse; that argument affects the amount, not your right to bring the claim.
What if I was going a little over the speed limit?
You may still recover. Florida's comparative fault rule reduces your recovery by your share of fault, and bars it only if you were more than 50% at fault. A driver who turns left in front of you is usually assigned most of the fault regardless of your speed.
What happens when you call
A person answers, not a recording
Call (305) 285-7071 any time. A person from the firm picks up, in Spanish if you prefer. If it is the middle of the night, we take your details and an attorney calls first thing.
We ask what happened, about 15 minutes
When and where it was, whether you were treated, whether there is a police report, and whether an insurer has already called you. You do not need papers in front of you.
We tell you honestly whether we can help
If you have a case we can take, we explain the next steps and what not to do in the meantime. If you do not, we tell you that too, and who else to call.
If you hire us, you pay nothing up front
The fee is a percentage of what is recovered, explained in writing before you sign. If we recover nothing, you owe no fee. We can come to your home or the hospital if you cannot get to the office.
