Passengers on motorcycles have no control over the bike, no control over the other vehicles, and often the least protection of anyone involved. When a crash happens, passengers frequently have claims that look different from the rider’s, and sometimes the claim is against the person they were riding with.
No PIP for Passengers Either
Like riders, motorcycle passengers generally cannot use PIP for injuries from a motorcycle crash, because Florida’s no-fault statute excludes motorcycles. Passengers need to look to liability coverage, UM coverage, medical payments coverage, and health insurance.
Who May Be Responsible
The Other Driver
If another driver caused the crash, the passenger has a claim against that driver’s bodily injury coverage, just as the rider does. When both rider and passenger are injured, they may be competing for the same limited coverage, which affects how the claims should be handled.
The Motorcycle Operator
If the rider’s own conduct caused or contributed to the crash, the passenger may have a claim against the rider. This is uncomfortable when the rider is a spouse, partner, family member, or friend, but the claim is typically paid by the rider’s liability insurance, not the rider personally, if coverage exists. Check whether the rider’s motorcycle policy includes bodily injury coverage that extends to passengers. Some motorcycle policies limit or exclude passenger coverage unless it was purchased.
Both
Fault can be shared. Under Florida’s comparative fault rules, a passenger who did nothing to cause the crash can generally recover from each party in proportion to that party’s fault.
UM Coverage for Passengers
A passenger may be able to claim UM benefits under the motorcycle’s policy, under the passenger’s own auto policy, or under a resident relative’s policy, depending on the policy language and stacking elections. When the at-fault driver has little or no coverage, identifying every available UM policy is especially important.
When Rider and Passenger Want the Same Lawyer
Riders and passengers often want to hire one lawyer together. That can work in some cases, but it raises potential conflicts of interest: the passenger may have a claim against the rider, and both may be competing for the same limited policy. A lawyer must evaluate those conflicts at the outset, explain them, and obtain informed consent where joint representation is permissible. In some cases, separate counsel is the right answer.
Frequently Asked Questions
Does PIP cover a motorcycle passenger in Florida?
Generally no. Florida’s PIP statute excludes motorcycles, so passengers usually rely on liability, UM, medical payments, and health coverage.
Can I make a claim against the rider I was riding with?
Yes, if the rider’s conduct contributed to the crash. These claims are typically paid by the rider’s liability insurance, if the policy covers passengers.
What if both the rider and the other driver were at fault?
A passenger can generally pursue both, with each party’s responsibility reflecting their share of fault.
Can one lawyer represent both the rider and the passenger?
Sometimes, but potential conflicts must be evaluated and explained first. When the passenger may have a claim against the rider, separate counsel is often appropriate.
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.