Florida does not require most drivers to carry bodily injury liability coverage. A driver can be fully legal on the road with only $10,000 in PIP and $10,000 in property damage liability, neither of which pays for a rider’s injuries. For motorcyclists, that makes uninsured/underinsured motorist coverage, usually called UM, the coverage that most often determines whether a serious injury is actually compensated.
What UM Coverage Does
UM coverage pays you, as if your own insurer stood in the shoes of the at-fault driver, when that driver has no bodily injury coverage or has too little to cover your damages. It can pay for medical expenses, lost income, and pain and suffering. Florida’s UM statute is section 627.727 of the Florida Statutes.
Underinsured coverage matters as much as uninsured coverage. A driver carrying $10,000 in bodily injury coverage who causes a crash resulting in surgery is, for practical purposes, uninsured relative to the harm.
UM Must Be Rejected in Writing
Insurers must offer UM coverage with liability coverage, and it can only be rejected or reduced through a signed written form approved by the state. Many riders do not remember signing a rejection when they bought the policy. If you were hurt and your insurer says you have no UM, ask for a copy of the signed rejection form. Whether a rejection is valid is a question worth having reviewed.
Stacked Versus Non-Stacked UM
Florida lets policyholders choose stacked or non-stacked UM. Stacked coverage generally lets you combine UM limits across vehicles on your policy and typically follows you in more situations. Non-stacked coverage costs less but comes with a significant limitation under section 627.727(9): it generally does not cover you while you occupy a vehicle you own that is not insured under that policy.
For riders, this is the trap. If your car policy has non-stacked UM and your motorcycle is insured on a separate policy, your car’s UM may not cover you when you are hurt on the motorcycle. Your motorcycle policy’s own UM, if you bought it, becomes the key coverage.
Check Your Household Policies
UM can sometimes come from a policy you did not buy. Depending on the policy language, a resident relative’s policy in your household may extend UM coverage to you. After a crash, gather every auto and motorcycle policy in the household so the coverage picture is complete.
UM Claims After HB 837
Before 2023, an insured who successfully sued their own insurer for UM benefits could generally recover attorney’s fees from the insurer. HB 837 eliminated that one-way fee provision for auto claims. Insurers now have less financial pressure to pay UM claims promptly, which makes documentation, clear damages presentation, and realistic valuation more important than ever.
What Riders Should Do Now
Pull the declarations page for your motorcycle policy and confirm UM is listed, the limits, and whether it is stacked. Do the same for your auto policy. If you see “rejected” or no UM line at all, talk to your agent about adding it. UM premiums are often modest compared to the protection they provide.
Frequently Asked Questions
Does my car’s UM cover me on my motorcycle?
It depends on whether your car policy’s UM is stacked or non-stacked and how the policy is written. Non-stacked UM generally excludes coverage while you occupy a vehicle you own that is not insured on that policy, which often includes your motorcycle.
What if I don’t remember rejecting UM?
UM can only be rejected through a signed written form. Request a copy from your insurer. If no valid rejection exists, coverage may be available.
Can I make a UM claim and a claim against the at-fault driver?
Yes. Typically the claim against the at-fault driver’s liability coverage comes first, and UM covers damages beyond those limits. Notice and consent requirements in your policy should be followed carefully before settling with the at-fault driver.
Does UM pay for pain and suffering?
Generally yes. UM is designed to pay the damages you could have recovered from the at-fault driver, which can include pain and suffering in addition to economic losses.
Working With Licznerski Law, PLLC
Licznerski Law, PLLC is a boutique personal injury and insurance law firm based in Oldsmar, serving riders throughout Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, and surrounding counties, and statewide. When you hire the firm, Alexander Licznerski handles your case personally. Your calls and questions go to your attorney, not a rotating case manager, and the firm keeps a selective caseload so each case gets real attention.
Motorcycle cases also draw on the firm’s insurance coverage and PIP litigation practice. Because riders have no PIP, finding every available source of coverage, including UM, medical payments, household policies, and responsible third parties, is often what determines whether a serious injury is fully compensated.
Motorcycle injury cases are handled on a contingency fee. The written fee agreement explains the percentage and how case costs are handled, including whether you could be responsible for any costs, before you sign anything.
A candid note on HB 837: The 2023 tort reform law changed several rules that matter to injured riders. It shortened the general negligence deadline to two years, adopted the rule that bars recovery for a plaintiff found more than 50% at fault, changed how medical expenses are proven at trial, and eliminated the automatic attorney’s fee award that once applied when an insured successfully sued their own auto insurer. Those changes make early investigation and realistic case evaluation more important, and the firm will tell you plainly how they apply to your situation.
Talk to Your Attorney Directly
If you or someone in your family was hurt in a motorcycle crash anywhere in the Tampa Bay area, you can speak directly with attorney Alexander Licznerski about what happened and what options may be available.
Licznerski Law, PLLC | Oldsmar, Florida
Phone: 813-934-3519 | Web: licznerskilaw.com | Email: [email protected]
Boutique Representation. Real Results. Your Attorney, Not a Case Number.
This article provides general information about Florida law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.