Florida's helmet law is somewhat complex. Generally, it requires all motorcycle operators and riders to wear helmets. The helmet law, however, does not apply to operators or riders over 21, so long as the person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.
The helmet law also does not apply to any person 16 or older who operates or rides on a motorcycle powered by a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2 brake horsepower and which is not capable of propelling the motorcycle at a speed greater than 30 miles per hour on level ground.
All motorcycle drivers and riders, regardless of age, are required to wear eye protection. Anyone who rides in an enclosed side car is not subject to Florida's helmet or eye protection laws.
If it does not exclude motorcycles and has at least $10,000.00 in healthcare benefits. If in doubt request a Certificate of Coverage from your insurance company.
If you do not wear a helmet, you are required to have at least $10,000.00 in medical benefits. Other than that, you are not required to carry any other insurance. Obviously, we recommend that you contact a motorcycle insurance carrier and explore your options regarding insurance coverage.
Without motorcycle insurance, there is a possibility that we can pursue the other party’s insurance company to pay for your medical bills up to $10,000.00. If you have health insurance, that will be the next option. The last resort will be for our law firm to sign a letter of protection to a medical facility or doctor so that you can receive treatment and not have to pay up front. In this situation, our law firm will pay the bills out of your settlement.
Assuming it was the other driver’s fault, the insurance company for that driver will be responsible for repairing or replacing your motorcycle. Usually this process takes a few weeks because the insurance company must get a copy of the police report before it can make a decision.