Who Pays If a Tourist Hits My Motorcycle in FL?
If a tourist hits your motorcycle in Florida, their liability insurance is responsible for your damages. Since Florida’s no-fault PIP system does not apply to motorcycles, you must file a claim directly against the at-fault tourist’s insurance carrier. If their coverage is not enough, your UM/UIM policy covers your remaining losses.
Recognized with the Martindale‑Hubbell award, our lawyers at Todd Miner Law fight for injured motorcycle riders throughout Orlando and Central Florida. Our attorneys know how to handle out-of-state insurance disputes, challenge lowball offers, and hold negligent tourist drivers fully accountable. Our goal is to pursue the maximum compensation you deserve for your injuries, lost wages, and suffering. Call us at 407-894-1480 today for a free case review.
Who Is Liable for a Tourist Motorcycle Crash?
The at-fault tourist driver and their auto insurer can be held liable for your motorcycle crash damages in Florida. In some cases, the rental vehicle company or a government agency may also share fault depending on your crash circumstances.
Here is when you can file an insurance claim or personal injury lawsuit against these parties:
Tourist Driver
You can file a personal injury claim against the tourist driver when their negligence directly causes your motorcycle crash. For example, if the tourist was speeding, distracted, running a red light, or unfamiliar with Florida traffic laws, they are personally liable for your injuries. In such cases, our personal injury lawyer reviews the police report, crash scene evidence, witness statements, and medical records to establish liability. This careful analysis ensures insurance companies cannot dispute or minimize your personal injury claim.
Rental Company
Under Florida’s dangerous instrumentality doctrine, a rental vehicle company can share liability when its negligence contributes to your motorcycle crash. For instance, if the company rented a poorly maintained or mechanically defective vehicle to the tourist, they may share fault for your injuries. Additionally, if the rental company rented the vehicle to an unlicensed or unqualified driver, Florida law may hold the rental company directly accountable.
Government Agency
Florida government agencies are responsible for maintaining safe roads, traffic signals, and construction zones for all drivers. If a known road hazard, missing signage, or poorly designed intersection played a role in your crash, the agency may share liability. However, claims against government entities follow strict notice requirements under Florida law, so acting quickly is essential to protecting your rights.
What to Do After a Tourist Hits Your Motorcycle in FL?
After a tourist hits your motorcycle in Florida, call 911, document the crash scene, and contact a Florida motorcycle accident attorney immediately. You should also collect the tourist’s details, seek medical treatment right away, and avoid making statements that could be used against you later.
Here is how these steps can help support your claim:
- Check for injuries and move to a safe place: Protects your health and prevents additional harm after the crash.
- Call 911 and secure an official police report: Creates an official record that helps establish fault and document the accident.
- Photograph the crash scene, vehicles, and gear: Preserves visual evidence that can support your version of events.
- Collect the tourist’s information: Helps Florida injury law firm identify the driver, insurance coverage, and other liable parties.
- Get medical treatment immediately: Links your injuries to the crash and documents the extent of your damages.
- Call a motorcycle accident attorney right away: Helps preserve evidence, protect your rights, and maximize your compensation.
Which Mistakes Can Hurt Your Claim?
Admitting fault, posting on social media, delaying medical care, and accepting a quick settlement are the most common mistakes that weaken your motorcycle accident claim. Insurance companies use these mistakes after a motorcycle crash to question your injuries and reduce payouts.
Here is how these mistakes can weaken your claim:
- Admitting fault gives insurers grounds to shift blame onto you under Florida 51% fault-bar rule for modified comparative negligence claims, reducing or eliminating your compensation entirely
- Delaying medical care creates gaps in your records that insurers use to argue your injuries were not serious or accident-related
- Accepting a quick settlement waives your right to pursue additional compensation later
- Giving a recorded statement without legal support may allow the insurance company to identify inconsistencies that may weaken your version of events at fault.
Why Are Motorcycles Excluded From the Florida No-Fault System?
Under Florida Statute § 627.736, personal injury protection only applies to four-wheeled motor vehicles. This means you cannot receive PIP insurance benefits for medical bills or lost wages after a motorcycle crash. In such cases, you must seek compensation through your motorcycle insurance, health insurance, or a direct legal claim against the at-fault driver.
When Florida’s no-fault system leaves you without PIP benefits, our lawyers at Todd Miner Law review all your legal options to build a strong claim. We identify whether medical payments coverage, supplemental liability insurance, or underinsured motorist claims apply to your specific situation.
Our team also examines the at-fault driver’s policy to make sure every available source of compensation is pursued on your behalf. Contact us now for a free case review.
How Out-of-State Tourist Insurance Works in FL?
Out-of-state tourist insurance automatically extends the tourist’s home state liability coverage to any accident they cause on Florida roads. As a result, you can file a claim against a tourist’s liability insurance for your medical expenses, lost income, property damage, pain and suffering, and other losses.
In addition, Florida’s Long-Arm Statute (§ 48.193) allows Florida courts to exercise jurisdiction over out-of-state drivers who cause accidents within the state. Therefore, you can often pursue your claim in Florida even if the at-fault tourist returns home.
In such cases, you can serve the tourist through Florida’s nonresident motorist service rules. This process may involve serving legal documents through the Florida Secretary of State and providing proper notice to the driver at their out-of-state address.
Once the claim is acknowledged, the insurer typically assigns an adjuster, reviews the accident report, investigates liability, and evaluates your damages. After completing its review, the insurer determines whether the claim is covered and what compensation may be available under the policy.
As these claims involve out-of-state drivers, unfamiliar insurers, and complex coverage questions, working with an experienced motorcycle accident lawyer can help protect your rights and maximize your recovery.
What If the Tourist Were Driving a Rental Car?
If the tourist was driving a rental car, both the rental company’s liability policy and the tourist’s personal fault insurance may cover your medical expenses and other injuries. However, under the Graves Amendment (49 U.S.C. § 30106), rental companies like Hertz, Avis, and Enterprise are shielded from ownership-based liability, which limits the application of Florida’s dangerous instrumentality doctrine to rental vehicles.
In fact, in Garcia v. Vanguard Car Rental USA, Inc., 540 F.3d 1242 (11th Cir. 2008), the Eleventh Circuit confirmed that the Graves Amendment prevents Florida’s dangerous instrumentality doctrine from applying to rental vehicle companies.
Despite this protection, the rental company can be held liable if it was negligent, for example, by renting a vehicle to an unlicensed or intoxicated driver. In such cases, the rental company itself becomes directly liable for your medical providers’ bills, permanent injury costs, and other injuries. Therefore, understanding exactly who bears liability is very important to recovering your full compensation.
Can the Tourist’s Credit Card or Travel Insurance Apply?
Yes, a tourist’s credit card or travel insurance may provide supplemental coverage after a motorcycle accident. While these policies do not replace the tourist’s primary auto liability insurance, they can sometimes provide additional compensation when available coverage falls short.
However, credit card travel benefits are primarily designed to protect the cardholder rather than injured people. As a result, most standard credit card policies do not provide liability coverage for injuries caused by the cardholder. Instead, they typically cover:
- Rental car collision damage for the tourist’s vehicle
- The tourist’s own trip cancellation or travel interruption losses
- Third-party liability coverage on select premium credit cards
On the other hand, travel insurance may include third-party liability benefits that can provide compensation beyond the tourist’s auto insurance policy. When available, these benefits may help cover losses that remain unpaid after the primary claim is resolved.
Depending on the policy terms, travel insurance may provide:
- Direct liability payments to injured third parties
- Medical expense reimbursement beyond auto policy limits
- Supplemental benefits for remaining uncovered losses
Since coverage varies significantly between policies, determining whether these benefits apply often requires a detailed review of the policy language. At Todd Miner Law, we carefully examine all insurance policies, travel protections, and supplemental coverages that may apply to your case and pursue the maximum compensation available on your behalf. Call us at 407-894-1480 today for a free, no-obligation case review.
What If the Tourist Has Little or No Insurance?
Your own motorcycle policy’s uninsured motorist coverage (UM) or underinsured motorist (UIM) coverage may help pay medical bills, lost income, and other damages. These coverages are specifically designed to protect you when the at-fault driver’s insurance is unavailable or insufficient to cover your losses.
This protection is especially important for motorcycle riders in Florida. Unlike most Florida car accident victims, motorcyclists are generally not protected by the Personal Injury Protection (PIP) coverage. To help fill that gap, riders can purchase optional Medical Payments Coverage (MedPay) as part of their motorcycle insurance policy. MedPay can help pay medical expenses regardless of who caused the crash, providing valuable financial support while your injury claim is being resolved.
How UM/UIM Coverage Protects Riders?
When UM/UIM coverage applies, you submit a claim to your own insurance company rather than relying entirely on the at-fault driver’s policy. Your insurer reviews liability, damages, and policy limits before determining available benefits. This process can provide an additional source of compensation when another driver’s insurance is unavailable or insufficient to cover your losses.
Can You “Stack” UM/UIM Coverage in Florida?
Yes, Florida Statute § 627.727 allows you to stack UM/UIM coverage after a motorcycle crash by combining coverage limits across multiple insured vehicles or separate policies. As a result, stacked coverage can significantly increase the compensation available when the at-fault driver lacks adequate bodily injury insurance. For example, if you insure two motorcycles with $100,000 in stacked UM/UIM coverage each, you may have access to up to $200,000 in total protection.
This additional coverage can be especially valuable in situations where a serious motorcycle crash results in damages that exceed the available liability insurance limits. Depending on your policy, stacked UM/UIM coverage may apply when:
- You insure multiple motorcycles or vehicles under one policy.
- You carry separate policies for your motorcycle and personal vehicle.
- A resident family member in your household is also insured.
- A hit-and-run driver causes your crash and remains unidentified.
- The at-fault driver carries insufficient liability coverage.
However, the availability of stacked benefits depends on the terms of your policy. Many insurers offer non-stacked coverage options that include anti-stacking provisions. These endorsements can limit your recovery to the coverage available under a single vehicle, even when you insure multiple vehicles and pay separate premiums.
Although non-stacked policies often cost less, they may provide less financial protection after a serious accident. As policy language can directly affect the amount of compensation available, it is important to review your coverage carefully before accepting a settlement offer.
What Damages Can You Recover From a Tourist?
You can recover both economic and non-economic damages from a tourist driver who causes your motorcycle crash under state laws. Economic damages compensate you for direct financial losses. Meanwhile, non-economic damages compensate you for the physical, emotional, and personal effects of your injuries.
Depending on the circumstances of your case, you may be able to recover compensation for the following damages:
- Medical expenses, including past and future treatment costs related to your injuries
- Lost wages resulting from time away from work during recovery
- Loss of earning capacity if permanent injuries affect your ability to earn income
- Pain and suffering caused by physical pain and emotional distress
- Property damage for the repair or replacement of your motorcycle
- Loss of enjoyment of life when injuries limit your daily activities and hobbies
The value of these damages varies from case to case. Insurance companies and attorneys typically evaluate factors such as injury severity, medical expenses, lost income, future treatment needs, and the long-term impact of the crash on your life. As these losses increase, the potential value of your claim may increase as well.
When Can You Sue Beyond Insurance?
You can sue beyond insurance when the at-fault tourist’s policy limits are not enough to cover your total losses. In these situations, Florida law may allow you to pursue a personal lawsuit against the tourist driver to recover damages that remain unpaid after the insurance coverage is exhausted.
This option becomes particularly important when a motorcycle crash causes severe injuries, significant medical expenses, or long-term financial losses. While insurance often provides the first source of compensation, it may not fully account for the impact of a serious accident.
Our lawyers at Todd Miner Law can evaluate the available insurance coverage, assess the driver’s financial resources, and determine whether pursuing a personal lawsuit may increase your recovery.
Can the Tourist’s Assets Be Used to Pay Your Damages?
Yes, a tourist’s personal assets may cover your damages if they exceed the available insurance coverage. If you obtain a judgment against the at-fault driver, you may be able to pursue compensation from certain assets or sources of income permitted under applicable law.
However, the value of a personal lawsuit often depends on the driver’s financial resources and ability to satisfy a judgment. For this reason, a thorough asset investigation is often an important step before pursuing compensation beyond available insurance coverage.
Contact Our Florida Motorcycle Accident Lawyers Today To Get a Free Case Review!
If a tourist hits your motorcycle in Florida, recovering compensation can become more difficult than expected. Out-of-state insurance policies, rental vehicles, and liability disputes often create challenges during the claims process. Insurance companies use these issues to delay your claim and reduce your settlement.
At Todd Miner Law, we step in immediately to protect your rights and pursue every dollar you deserve. Our motorcycle accident attorneys identify all applicable coverage, handle insurer communications, and build the strongest possible claim for you. With over 32 years of experience fighting for Florida riders, we know how to maximize your recovery. Call us at 407-894-1480 or visit 915 Outer Rd, Orlando, FL 32814 to start your free case review.
FAQs
What If the At-Fault Driver Who Hit Me Has Already Left Florida?
You can still pursue compensation after the at-fault driver leaves Florida. Under Florida’s Long-Arm Statute (§ 48.193), Florida courts can exercise jurisdiction over out-of-state drivers who cause crashes within the state. As a result, you may file your claim in Florida, and the driver’s insurer remains responsible for covered damages.
Can I Sue the Rental Car Company That Rented to the Tourist?
No, the Graves Amendment (49 U.S.C. § 30106) shields rental companies like Hertz, Avis, and Enterprise from ownership-based liability. An exception may apply if the company negligently rented a vehicle to an unlicensed, impaired, or otherwise unqualified driver. In that situation, the rental company may share responsibility for your damages.
What If I Wasn’t Wearing a Helmet — Can I Still Recover Compensation?
Yes, you can still recover compensation even if you were not wearing a helmet. Florida’s comparative negligence rule reduces your damages if the lack of a helmet contributed to the severity of your injuries. However, not wearing a helmet does not automatically prevent you from filing a claim.
Does It Matter Which State the Tourist’s Insurance Is From?
Yes, the state where the tourist’s insurance was issued can affect your claim. However, coverage limits vary by state, and some states require lower minimums than Florida. When those limits fall short of your losses, your own motorcycle policy’s uninsured or underinsured motorist coverage fills the remaining gap.
How Is Fault Decided If the Tourist Blames Me?
Fault is determined by examining all available evidence related to the crash. This may include police reports, witness accounts, photographs, video footage, vehicle damage, and physical evidence from the accident scene. In complex cases, accident reconstruction specialists can help establish exactly how the collision occurred and identify the responsible party.
