Serving all of Florida
Florida Motorcycle Accident Lawyer
I spent nearly two decades defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
Can I sue after a Florida motorcycle crash? And do I need PIP?
Often, yes. And riders have an advantage many don't know about. Florida's no-fault (PIP) system does not cover motorcycles. That means you don't have to pass the 'serious injury' test that people in cars do. You can go straight after the driver who hit you for everything you lost: medical bills, lost wages, and pain and suffering.
You usually have 2 years from the crash to sue (§ 95.11(5)(a)). If you carry the required medical coverage, you can legally ride without a helmet (§ 316.211). A motorcycle has the right to a full lane (§ 316.209). If you were partly at fault, your payment is cut by your share. If you were more than 50% at fault, you get nothing (§ 768.81). If the driver had no insurance, your own uninsured driver coverage may pay.
The facts that matter
- Deadline to file
- 2 years from the crash (§ 95.11(5)(a))
- No PIP / no “serious injury” test
- Motorcycles aren't covered by PIP — sue the driver directly
- Fault rule
- You can get paid if you are 50% or less at fault
- What it costs
- Free case review · no fees or costs unless we recover for you
What they do
How insurance companies try to cut what they pay
Blame the rider
They argue you were speeding, weaving, or lane-splitting to push fault onto you under the 50% bar.
The helmet argument
They claim a helmet would have prevented your injuries. They use that to pay less on a head injury, even when the law allowed you to ride without one.
The quick, low offer
A fast check before you know how badly you're hurt. It's designed to close the file for a fraction of what it's worth.
Next steps
What to do next
Report & document
Call 911, and photograph the scene, the vehicles, plates, and your injuries.
Get treated quickly
See a doctor right away and keep every record. If there are gaps in your care, the insurance company will use them against you.
Keep the bike and gear as they are
Keep your motorcycle, helmet, and damaged gear, and don't repair them. They're evidence.
Talk before you give a statement
Don't give the driver's insurance company a recorded statement before you get advice.
Florida law
The rules that decide your claim
No PIP for motorcycles
There's a trade-off. Without PIP, you don't get the $10,000 in guaranteed medical coverage. But you also don't have to pass a 'serious injury' test before you can claim pain and suffering.
Helmet law (§ 316.211)
If you're over 21 and carry at least $10,000 in medical coverage, you can legally ride without a helmet. The insurance company will bring it up anyway if you hurt your head. It can lower what you get. It can't end your claim.
Full use of a lane (§ 316.209)
A motorcycle has the right to a full traffic lane. A driver who crowds you or doesn't see you can be at fault.
The 50% bar & 2-year deadline
Insurance companies blame riders because of this rule. Every percent of blame they put on you is taken out of your payment. Past 50%, you get nothing. You have two years from the crash to file (§ 95.11(5)(a)).
Left turns, road hazards & serious injuries
“I didn’t see the motorcycle” is an admission, not a defense.
Most motorcycle crashes I see are a driver turning left across a rider's path, or a road the county let fall apart. The insurer will call both the rider's fault. The law says otherwise.
The left-turn crash
A driver turning left must yield to oncoming traffic that is close enough to be a danger (§ 316.122). That includes a motorcycle. When the driver says he never saw you, that is negligence in his own words. I get the crash report, the intersection camera, and the other driver's phone records before that story changes.
Potholes, gravel, and bad road design
A hazard that a car drives over can put a rider on the ground. When a city, county, or the state knew about the hazard and left it, you can have a claim against the agency. Those claims have their own rules under § 768.28: written notice to the agency before suit, and limits on what a jury can award. Miss the notice, lose the claim.
Injuries that don’t heal in a month
Road rash that needs grafts, a broken femur, a brain injury. The insurer's first number covers the bills you have today. It ignores the surgery next year, the job you can't go back to, and the care you'll need at 60. I work with your doctors and, when it matters, a life-care planner and an economist, so the claim reflects the whole injury and not the first month of it.
Track record
Results from a lawyer who knows the other side
The firm has recovered real money for injured Floridians, including confidential settlements and settlements for the most the policy pays.
Each case is different and past results do not guarantee a similar outcome.See more results →
Client reviews
What clients say
“He stood firmly by my side with expert guidance and genuine encouragement. We won the case — and his integrity and trustworthiness impressed me most.”
— Domineque Martindale · Google“His long experience working for the other side — the insurance companies — is absolutely invaluable when negotiating a payout.”
— Victor · Avvo“Emanuel not only helped me win my case but helped me understand all the processes and procedures you need to go through when dealing with a claim. He’s an expert in his field and I highly recommend his services.”
— Alexander Siriani · Google“Emanuel is very kind and patient. He kept me in the loop, took the time to explain everything, and really advocated for me — he put in the work and looked out for the best outcome.”
— Haley · GoogleIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Motorcycle Accidents FAQ
Do I have to pass the 'serious injury' test to sue?
No. Because motorcycles aren't covered by PIP, you don't have to pass Florida's 'serious injury' test (a test you must pass before you can claim pain and suffering). You can go straight after the driver who caused the crash for everything you lost.
Does not wearing a helmet end my case?
No. If the law allowed you to ride without one, it doesn't end your claim. But the insurance company may argue you should get less for a head injury because you weren't wearing one.
What if the driver who hit me was uninsured?
Your own uninsured driver coverage (UM/UIM) can apply. It's part of your own policy, and it pays when the other driver has no insurance, or not enough. It follows you, not the other vehicle.
Who pays my medical bills without PIP?
Up front, your health insurance or MedPay can cover your care. Some doctors will also treat you now and wait to be paid from your settlement. In the end, the driver who caused the crash owes you for your medical bills.
How long do I have to file?
Generally 2 years from the date of the crash (§ 95.11(5)(a)). But evidence fades quickly, so it's best to act early.
Can I still get paid if I was partly at fault?
Yes, as long as you were 50% or less at fault (Fla. Stat. § 768.81). Your payment is cut by your share of the blame. The number the insurance company's adjuster gives for your share is just their first move, not a final ruling. A jury decides. The evidence from the first days is what keeps that number down.
The driver says he never saw me. Does that help him?
No. A driver's duty is to look and to yield when turning left (§ 316.122). Not seeing a motorcycle that was there to be seen is the negligence. Insurers know this, which is why the story often changes later to 'the rider was speeding.' Report the crash, get the driver's statement on the police report, and call me before it does.
I was lane-splitting. Do I still have a case?
Possibly. Riding between lanes of traffic is not legal in Florida (§ 316.209), and the insurer will use it to put fault on you. But fault is shared, not all-or-nothing. If the driver changed lanes without looking or opened a door into you, a jury weighs both. You recover as long as your share is 50% or less (§ 768.81). Don't admit anything to the adjuster; let the evidence decide.
A pothole or road debris caused my crash. Can I sue the city?
You can, if the agency knew or should have known about the hazard and didn't fix it or warn about it. Claims against Florida government bodies follow § 768.28: you must give the agency written notice before filing suit, the agency gets time to respond, and the amount a jury can award is capped unless the Legislature approves more. Photograph the hazard the same day; road crews fix things fast once someone is hurt.
Does a pre-existing condition hurt my case?
Not by itself. If the crash made an old injury or condition worse, Florida law says the person who caused the crash owes you for that. What does hurt a case is hiding the old injury. Be honest with your lawyer and your doctors.
Tell me what happened. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades working for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873