Florida PIP

[mralex714]

I was recently involved in a wreck and got this letter from my insurance company about Florida's position motorcycles. Read it carefully,What's wrong with this picture?

FL PIP.pdf

[Flyinfool]

WOW

 

Yup I smell something rotten.

[snyper316]

Ok did I read wrong did it say you weren't occupying your bike then turn around and day you were occupying your bike but its not covered because it's not got four wheels?

 

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[djh3]

OK first place I would go look is the policy it's self. See if there is charges on there for PIP. If so Call one of the Biker Lawers here in Fla. Fran Hasch comes to mind. If they charge you for a service/protection they dang sure should hold to it.

[videoarizona]

OK first place I would go look is the policy it's self. See if there is charges on there for PIP. If so Call one of the Biker Lawers here in Fla. Fran Hasch comes to mind. If they charge you for a service/protection they dang sure should hold to it.

 

If you paid for coverage, you should have a case. Even if they are correct, if you were not informed and paid the premium and it's listed on your policy, the burden should shift back to them.

Legal beagle time.... At least for an opinion.

[Kretz]

Wow! So in Florida a motorcycle is not a vehicle, what the hell is it then?.... Insurance Companies! (read Thieving Ba$tards!)

Don't know the terms of your policy but I'd say talk to a lawyer at least get some advice.

[etcswjoe]

So why does Florida have one definition for licensing and another for Insurance?

 

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0320/Sections/0320.01.html

 

 

 

The 2017 Florida Statutes

 

Title XXIII

MOTOR VEHICLES

 

Chapter 320

MOTOR VEHICLE LICENSES

 

View Entire Chapter

320.01 Definitions, general.—As used in the Florida Statutes, except as otherwise provided, the term:

(1) “Motor vehicle” means:

(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, personal delivery devices as defined in s. 316.003, special mobile equipment as defined in s. 316.003, vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.

Edited September 20, 2017 by etcswjoe

[Flyinfool]

I looked up the Florida Statute 627.732 that the letter references, that quote is cherry picked out of a section that covers provided medical devices. So if you were injured and needed a vehicle it can not be a motorcycle That same section also goes on tho exclude from the definition of a motor vehicle a lot of other types of motor vehicles.

Florida Statute; 0627.732

 

 

(3) “Motor vehicle” means any self-propelled vehicle with four or more wheels which is of a type both designed and required to be licensed for use on the highways of this state and any trailer or semitrailer designed for use with such vehicle and includes

 

a) A “private passenger motor vehicle,” which is any motor vehicle which is a sedan, station wagon, or jeep-type vehicle and, if not used primarily for occupational, professional, or business purposes, a motor vehicle of the pickup, panel, van, camper, or motor home type.

 

(b) A “commercial motor vehicle,” which is any motor vehicle which is not a private passenger motor vehicle.

The term “motor vehicle” does not include a mobile home or any motor vehicle which is used in mass transit, other than public school transportation, and designed to transport more than five passengers exclusive of the operator of the motor vehicle and which is owned by a municipality, a transit authority, or a political subdivision of the state.

 

 

 

I would send Geico a copy of the statute listed above by Joe and tell them that they will honor the claim.

 

I bet that letter gets them off the hook on a bunch of claims but if you push the point it will get covered.

Then it is probably time to go ins shopping.

[MikeWa]

It seems Geico is being dishonest. I would pay a visit to an attorney and have him/her send a short letter to Geico.

 

Mike

[baylensman]

Let me follow through here. It appears that you are claiming PIP on someone elses policy due to an accident involving them, correct?

PIP in florid covers the insured vehicle occupants and can be waived by the purchaser. You need to submit a claimed based on the insured bodily liabilityI believe.

 

Either way, GEICO is incorrect in the statue they cited, it actually refers to the replacement vehicle you would get if as a result of injuries your current vehicle no longer would fulfill your needs. For example you drive a stick shift and now require a rental that is automatic or a replacement vehicle that is an automatic.

 

 

Again as others have suggested Fran Haasch 1-866 law-fran or lawfran.com is a FL based attorney who specializes in motorcycle accidents tickets and what not.

[baylensman]

So I did some checking with an agent and with Geico. In florida PIP is only sold to cars not motorcycles. Motorcycles get a medical payments rider. PIP only covers the insured hence the name personal injury protection. So they are correct in saying that motorcycles are not covered under FL law as to PIP

 

This came about several years back when FL changed the mandatory helmet law. At that time is was detained that anyone under 21 had to wear a helmet at all times, helmets are optional if you are over 21 and carry a minimum of $20,000 in medical payments insurance. My rider is for $2000 to cover the gap between my copay and major medical at work. Yes you should also check your insurance to make sure Motorcycle accidents are not excluded from your policy there also.

 

So if you are involved in an accident with someone that has Geico or any insurance Co in FL their PIP is not what pay Your medical. Thats the bodily liability portion of their policy if they are at fault. If you are at fault it is your Medical Payments rider, if your on your bike.

 

Another point is if the other driver disputes fault, regardless of citations or police reports, you must have your insurance "Subrogate" or hire a private attorney to recover damages.

 

It appears that in your case there is no PIP if you were on your own bike.

You would need to see if your policy has the medical payments rider.

If you were not at fault, his insurance would pay based on his Bodily liability coverage.

[RDawson]

KY has a similar law. I found this out while adding my RSV. The agent told me they assume you'll use your health insurance and don't require it on bikes. I added it to both bikes for another $200 a year. $200 vs high deductibles seemed like a no brainer to me.

[American]

Wow! So in Florida a motorcycle is not a vehicle, what the hell is it then?.... Insurance Companies! (read Thieving Ba$tards!)

Don't know the terms of your policy but I'd say talk to a lawyer at least get some advice.

The definition of “motor vehicle” and “vehicle” has changed in Florida. The prior definition in Florida Statute 316.003 states:

(21) Motor vehicle.–Except when used in s. 316.1001, any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).

Effective January 1, 2013, the new definition that will apply to all crimes:

(21) Motor vehicle.–Except when used in s. 316.1001, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, swamp buggy, or moped. For purposes of s. 316.1001, “motor vehicle” has the same meaning as in s. 320.01(1)(a).

The definition also changed in Florida Statute 320.01. The definition effective until January 1, 2013 states:

As used in the Florida Statutes, except as otherwise provided, the term:

(1) “Motor vehicle” means:

(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds.

The new definition effective January 1, 2013 states:

(a) An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated on the roads of this state, used to transport persons or property, and propelled by power other than muscular power, but the term does not include traction engines, road rollers, special mobile equipment as defined in s. 316.003(48), vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.