Is A Motorcycle Eligible For No-Fault Coverage?
Posted By Robert Sparks || Feb 15, 2013
When involved in a motor vehicle accident in Florida, many owners or drivers are eligible for no-fault benefits. This no-fault coverage is also known as Personal Injury Protection or PIP coverage and provides security for the driver regardless of fault. This insurance coverage is required by Florida law, and provides certain conditions that the insured must follow in order to receive the benefit.
A question as to who is covered or eligible for PIP coverage often arises in Florida personal injury cases. Florida Statute 627.732(3) provides that the term motor vehicle as used in the no-fault laws means any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state and any trailer or semitrailer designed for use with such vehicle. Under the statute, a motorcycle is not a motor vehicle.
However, there is always an exception to the rule. In some instances, companies may sell medical payment coverage or PIP benefits to motorcycle owners, (often at a higher rate than car owners). Additionally, Florida case law has held that a plaintiff who was injured while riding his motorcycle was allowed to recover PIP benefits under a policy covering a motor vehicle within the household, because the insurance policy in question clearly provided PIP coverage for claims resulting in bodily injury and did not have a specific exclusion for motorcycles.
Thus, the answer to whether a motorcycle is eligible for no-fault coverage is, maybe. In short, each case turns on its own facts and thorough investigation of each insurance policy is required to identify if and what coverages are available to all parties.
In the event you have been involved in a motorcycle accident or suffered an injury as a result of a motor vehicle accident we welcome you to call Givens Givens Sparks for a free case evaluation.