NO FEES OR COSTS UNLESS WE WIN!

Bradley D. Souders, P.A. Call Us Toll Free for free 24/7 Consultations: 1-866-HogLaw1 (1-866-464-5291)

Back to Blog

Uninsured Motorcycle Accident Florida: What Happens If You're Hit by a Driver With No Insurance?

If you're hit by an uninsured driver in Florida, you may recovery $0 – even if the crash wasn't your fault.

If you're hit by an uninsured driver on a motorcycle in Florida, you can still recover compensation—but it usually comes from your own insurance, not the at-fault driver. In many cases, the outcome depends on finding insurance coverage most people never discover. We regularly handle uninsured motorcycle accident cases across Florida where initial coverage appears minimally but increases significantly after a full coverage investigation.

Quick Answer

If an uninsured driver hits you while riding:

  • You can still recover compensation .
  • Your Uninsured Motorist (UM) coverage is often the primary source
  • Motorcycles do NOT have PIP coverage in Florida
  • Multiple insurance policies may apply
  • Acting early can significantly increase your recovery

Want to know what coverage applies to your case? Request a free case review.

  • Simply use the chat button below or visit our Contact page for a free no-obligation consultation.

Why Motorcycle Accidents in Florida Are So Financially Dangerous?

Motorcycle crashes are not just more severe—they are financially riskier.

  • Riders lack the protection of enclosed vehicles
  • Injuries are often catastrophic
  • Medical bills and lost income can be substantial

Combine that with uninsured drivers, and the financial exposure can be life-changing—especially when long-term injuries are involved.

Critical Legal Reality Most Riders Do Not Know:

Riders should instantly know:

  • Do I have UM?
  • How do I check?
  • What amount do I need?
  • Adjusters or insurance companies minimize claims from the first call.
  • Your own insurance company may not disclose or may even fight you on UM claims, when they clearly shouldn't.

Your case becomes a coverage investigation—not a liability case.

This is where most cases are either:

  • Undervalued
  • Or maximized

What Actually Pays After An Uninsured Motorcycle Accident?

  1. Uninsured / Underinsured Motorist (UM/UIM) Coverage
    This is often your primary recovery source.
    It can cover:
    • Medical expenses
    • Lost wages
    • Future income loss
    • Pain and suffering

  2. Stacked vs. Non-Stacked Coverage
    1. Stacked UM: Combines policies → higher recovery
    2. Non-stacked UM: Lower premiums, but limited payout
    3. This distinction alone can change a case from thousands to hundreds of thousands of dollars.

  3. Hidden Insurance Policies (Where Cases Are Won)
    Many cases involve additional coverage sources:
    • Motorcycle Insurance policies having UM Coverage.
    • Your automobile insurance agreement – if having UM Coverage.
    • Resident relative automobile insurance agreements – if having UM coverage.
    • Vehicle owner policies
    • Household (resident relative) policies
    • Employer / commercial policies
    • Third-party claims

Common Mistakes That Cost Riders Money:

  • Assuming “no insurance = no case”
  • Not checking your motorcycle insurance agreement before an accident – to making sure you have UM coverage.
  • Not checking your automobile Insurance agreement before an accident – to making sure you have stacked UM coverage.
  • Not checking coverage early
  • Giving statements too soon
  • Delaying treatment
  • Missing additional policies

Florida Motorcycle Accident Deadline

Generally, you have a 2 year period from the accident date to file suit against the responsible parties to holding them accountable for your damages. If you wait longer to file suit, your claim may be lost and forever barred by the statute of limitations.

Even though the underlying facts involved:

  • a motor vehicle accident, and
  • bodily injury,

the claim against the UM carrier is not a tort claim – it is a first party contract claim.

At the time of this writing, the applicable Statute of Limitations to bring a claim against the UM carrier is 5 years

  • Governed by: Fla. Stat. § 95.11(2)(b) (written contracts)
  • UM/UIM claims arise from the insurance policy (contract).

Important Contrast:
Against the at-fault driver:

  • 2 years (negligence Fla. Stat. § 95.11(5)(a))

Against UM carrier:

  • 5 years (Fla. Stat. § 95.11(2)(b)(written contracts)

Practical Takeaway:
Thus, you can:

  • Let the 2-year negligence statute of limitations expire against the phantom/uninsured driver and
  • Still pursue the UM claim within 5 years of the UM carrier’s denial of the claim, failure to pay benefits owed or breakdown of negotiations.

Strategic Caution:
Even though you can wait longer to bring an action or lawsuit against a UM carrier,

  • Carriers will argue earlier accrual of the cause of action
  • Evidence degrades (medical causation, witnesses, etc.)
  • Jury optics worsen with delay.

So practically, most strong UM cases are still filed within the 2-year window or shortly after.

Ever wondered what to do within the first second days after a motorcycle crash? Our Accident Checklist page gives you plenty of information to get you started on the right track, to learn the do’s and must not do’s after an accident.

Real Case Results:

  • $510,000 Recovery from Hidden UM Coverage
  • Initial attorney declined case due to $10,000 policy

Final Result: $510,000 recovery

Employer Liability Turned $10K Into Six Figures

Driver had minimal coverage but was working

  • Final Result: Six-figure settlement

Frequently Asked Questions

  1. Can I still recover compensation?
    Yes, through UM coverage and other policies.

  2. Does UM coverage apply?
    Yes, often through multiple policies.

  3. Do motorcycles have PIP?
    No.

  4. What if I do not have UM?
    Other legal options may still apply.

  5. What is the deadline?
    2 years.

  6. Do I have UM?
    • If unsure, call your agent immediately (before an accident) to making sure you are protected.
    • You can also schedule a free telephone consultation with us to review your declarations page to explain what you have or do not have.
    • Look at the declarations page of your motorcycle insurance agreement.
    • Look at the declarations page of your automobile insurance agreement and of resident relatives.
    • Check for:
      • UM/UIM coverage listed.
      • If unsure, call your agent immediately.
    • Call your agent immediately.

Related Motorcycle Accident Resources

The Bottom Line

In most cases, its not about who caused the crash – its about who can pay for the damages. Most riders underestimate this – and leave monies on the table.

Free Case Review – Find Every Source of Recovery:

We help riders:

  • Identify all available policies
  • Uncover hidden UM coverage
  • Maximize total recovery

In many cases, this is the difference between a minimal claim—and a six-figure recovery.

Injured in a Motorcycle Accident? Speak With a Lifetime Biker–Attorney Today

If you're looking for a Florida motorcycle accident lawyer who actually rides, you're in the right place.

  • 35+ years of trial experience
  • Lifetime biker who understands real riding conditions
  • No fees or costs unless we win
  • Free consultation
  • Help with both medical bills and property damage
  • Personal representation — no case managers

About the Author — Brad Souders, Florida Motorcycle Accident Attorney

Brad Souders is a lifetime biker and veteran trial lawyer with more than 35 years of experience representing injured riders throughout Florida. He combines real riding experience with extensive legal knowledge to help Florida motorcycle accident victims recover full compensation. Main office in Tampa – Representing Bikers And Their Families Throughout Florida.

Brad offers free consultations and flexible appointments, including evenings, weekends, home visits, hospital visits, or virtual meetings. Call Now: 813-220-7767 or 866-464-5291

Call The Motorcycle Attorney That Actually Rides!