Leave the helmet behind but carry the medical insurance card
Florida is one of a few States that has made wearing a helmet while riding a motorcycle optional, but there are certain conditions to that freedom.
Riding without a helmet? Think it’s ok? Maybe it is, if you have met the legal requirements.
This information applies only to Florida, for Florida Residents and Policies of Insurance issued in Florida. It is not legal advice, so use it only as a general source of information and seek the advice of a lawyer if you have been injured in an accident where you were the operator or passenger on a motorcycle or if you want to ride without a helmet and have any questions about the law and the requirements.
Many clients come in thinking that in Florida, if you own a motorcycle, it is legal to be riding without a helmet. Well, it is. Sort of, but not always. I ask them:
(1) are you over 21 years old?
(2) Do you have an insurance policy providing at least $10,000 in medical benefits and which expressly applies to, or at least includes, motorcycles?
Those are the requirements of the law. Florida Statute section 316.211(3)(b) provides:
"...a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such 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."
Let’s say you own a car and you think that the car insurance will cover you when you ride a motorcycle. Most of the policies written today which you may have for yourself, on your car, do NOT cover you when you ride on your motorcycle. The policy needs to be carefully examined.
Maybe if you do not have the right kind of car insurance, your health insurance will provide the legal requirement. That would be ok, provided the health insurance policy covers you for accident related injuries and does not have an extreme sport exclusion (which may need to be sued in order to attempt to get benefits).
How about if you are a passenger on a motorcycle? Well, you also better be over 21 and have insurance if you want to leave the helmet behind!
ASK A LAWYER FOR PROFESSIONAL ADVICE.
