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state insurance laws..??

3K views 62 replies 32 participants last post by  Fla.Cableguy 
#1 ·
I can;t find a clear answer anywhere so If someone on here KNOWS for sure please tell me (not looking for pros and cons of having insurance)
I live in Florida and we are not required to have insurance if you ride with a helmet ,but what about when if I travel into a state that requires thier residents to have MC insurance , am I required to have insurance if I'm licensed in my home state and just passin' through??
looking for facts not opinions...thanks
 
#27 ·
As a Florida resident for 45 years,having my first ride being a yamaha 80 cc at age 14(the legal age at that time),I have always been covered by some type of insurance coverage at a very reasonable rate.With the number of lawsuits that people file everyday,I cant comprehend someone taking the chance of riding without some form of coverage to protect their ASSests!!!
 
#28 ·
I believe Florida is a no fault state, so whatever damages you sustain to yourself or your motorcycle would come out of your own insurance coverage, if you have none, then you get exactly that....none.
Nice catch Padre. With that, this law makes a LITTLE more sense.
 
#29 ·
One point I want to add, I believe Florida is a no fault state, so whatever damages you sustain to yourself or your motorcycle would come out of your own insurance coverage, if you have none, then you get exactly that....none.

The "No Fault" here in Florida is for Personal Injury Protection (PIP) and only up to the $10k limit, and not for liability or property damage.
 
#30 ·
Thanks everyone ,Legal Eagle thanks for looking into it more closely ,From what I can find there is only 3 states that does not require insurance (Fl. is one of them)But alot of you helped answer my question . and thanks for everyone keeping it civil,I didn't want a debate on insurance-vs-no insurance,because that would be opinion (like helmet-vs-no helmet:honda-vs-harley)with that said even some of the opinions was helpfull....I may have been born at night ,but it wasn't lastnight ..I know the importance of insurance ..Thanks agian everyone
 
#31 ·
I am glad you brought the topic forward, I'm sure it isn't only you and I that got an edumacation :) with the thread here!
 
#32 ·
IIRC a non-resident rider in Fl can ride sans helmet if he/she has 10k med pay on their 'cycle policy OR 'major med health ins".
I *think* I got that info off of the Bike Week program.
I'll tell you, the "uninsured/underinsured" part of my policy sure was worth it when my wife was hit by an "undocumented worker".
It threw the claim into an area that was immeadiately paid under that policy provision and our rates didn't increase. WHEW!
YMMV
OH- for those of you WITH insurance, might check out "towing" it's a buck a month on my policy and is good for flat tires!
 
#33 ·
IIRC a non-resident rider in Fl can ride sans helmet if he/she has 10k med pay on their 'cycle policy OR 'major med health ins".
I *think* I got that info off of the Bike Week program.
I'll tell you, the "uninsured/underinsured" part of my policy sure was worth it when my wife was hit by an "undocumented worker".
It threw the claim into an area that was immeadiately paid under that policy provision and our rates didn't increase. WHEW!
YMMV
OH- for those of you WITH insurance, might check out "towing" it's a buck a month on my policy and is good for flat tires!
Great point: Just remember, you can't control whether other drivers carry insurance, but you CAN control what protection you give to yourself and your family. IMHO, the most important coverages you can carry (and you can't get too much because these coverages are relatively cheap) are Uninsured and Underinsured Motorist coverages. Regardless of how little coverage (or none at all) that the OTHER guy has, you can control how much is covering you for the mistakes of those other boneheads.

Check with your agents and just get a feel for how much of this coverage you can buy and how cheap it gets as you add more coverage.

Ride safe.

Mike
 
#34 ·
As I understand FL MC Insurance, you're not quite right. True, you do not have to have any Liability / PIP / UM, etc insurance... but that has nothing to with wearing or not wearing a helmet. FL law says that if you choose not to wear a helmet, you must carry on you proof that you have at least $10,000.00 of MEDICAL insurance. If you choose to wear a helmet, that is waived.
 
#35 ·
It's been a few years, but when I lived in Oregon we had to have insurance on all motor vehicles. My dad lived in Washington where no m/c insurance is required. If he rode down to visit me he would stop by his insurance agent and get a temp card for the trip. If he got stopped in Oregon without insurace they could impound his bike. Erik
 
#36 ·
don;t mean to beat a dead horse but wanted to add that I talked to a FHP LEO today and asked him the same question. He said "the issueing state's law on motor vehicle is the one you go by if "passing through" another state " two examples he gave was 1) some states does not require tags on boat trailers and when they come to Fl to fish they are not required to "buy" a tag for thier trailer just to come into Fl. 2) some states require tags on the front of the vehicle, but if you visit one of those states you do not have to have a tag on the front if YOUR state does not require it .makes sense to me ...again not arguing the merrits of insurance.
 
#37 ·
don;t mean to beat a dead horse but wanted to add that I talked to a FHP LEO today and asked him the same question. He said "the issueing state's law on motor vehicle is the one you go by if "passing through" another state " two examples he gave was 1) some states does not require tags on boat trailers and when they come to Fl to fish they are not required to "buy" a tag for thier trailer just to come into Fl. 2) some states require tags on the front of the vehicle, but if you visit one of those states you do not have to have a tag on the front if YOUR state does not require it .makes sense to me ...again not arguing the merrits of insurance.
I also don't mean to beat that poor horse, but I wouldn't want someone on this board to think they can cruise through another state without insurance and not be at risk of being ticketed in that other state. The officer was confusing the sovereign right of each state to set their own vehicle equipment standards. As I stated in a previous post, there are exceptions where the state you are visiting must recognize another state's laws (like many vehicle equipment laws) which have a relatively minor impact on the people of the visiting state. This is based upon a Supreme Court decision (Bibbs v. Navajo Transport), which held that if a driver is subject to the vehicle equipment laws of the state he is visiting, it puts an impermissible burden on the constitutional right of free travel. The Supreme Court balanced the interests of the visiting state against the right of free passage, and found that when it comes to minor equipment regulations (like license plates), it is too minor of a local issue for the burden it puts on the driver (stop and change your equipment) when you enter another state. But when dealing with a public safety issue like mandatory insurance coverage, I believe the court would find that the local interest of citizen protection outweighs the burden on interstate travel, and would uphold the local law of the state you are visiting. I believe you will be subject to the law of the state you are visiting.

Again, the officer's example dealt with vehicle equipment, not insurance laws, and those are likely to be weighed completely differently. JMHO.
 
#38 ·
This is what happened to me years ago in Utah. I was an out of state resident, we were elk hunting and I had to take my son to Salt Lake City to fly home. On our way off the mountain, they were stopping everyone, checking for any game that was taken, I had to show proof of insurance to the officer standing there. First time that ever happen. Take it for what it is worth.
 
#39 ·
I also don't mean to beat that poor horse, but I wouldn't want someone on this board to think they can cruise through another state without insurance and not be at risk of being ticketed in that other state. The officer was confusing the sovereign right of each state to set their own vehicle equipment standards. As I stated in a previous post, there are exceptions where the state you are visiting must recognize another state's laws (like many vehicle equipment laws) which have a relatively minor impact on the people of the visiting state. This is based upon a Supreme Court decision (Bibbs v. Navajo Transport), which held that if a driver is subject to the vehicle equipment laws of the state he is visiting, it puts an impermissible burden on the constitutional right of free travel. The Supreme Court balanced the interests of the visiting state against the right of free passage, and found that when it comes to minor equipment regulations (like license plates), it is too minor of a local issue for the burden it puts on the driver (stop and change your equipment) when you enter another state. But when dealing with a public safety issue like mandatory insurance coverage, I believe the court would find that the local interest of citizen protection outweighs the burden on interstate travel, and would uphold the local law of the state you are visiting. I believe you will be subject to the law of the state you are visiting.

Again, the officer's example dealt with vehicle equipment, not insurance laws, and those are likely to be weighed completely differently. JMHO.
I agree. Two different laws and requirements.
Another example is helmet laws. In Ohio, You can ride without a helmet after having a MC endorsement for one year but If you drive into WV, you must have a helmet on-no exceptions. Ohio law does not trump WV law in this case.
 
#40 ·
I live in Georgia 20 miles from the Florida line and travel to the state weekly. I carry full coverage on every vehicle I own. If someone in Florida thinks no coverage saves them money don't hit me. If they do then they need to bend over and put their head between their legs and kiss their ASSets goodbye. If I have coverage then I feel everyone should. Tired of paying when other don't. 2007 VTX 1300C
 
#41 ·
Sheezzz, Good coverage is not that expensive!! I pay $125 a year, thats it!!!! less than 50 cents a day, seems to me it's a no brainer
 
#47 ·
If you know the importance of insurance, then you should be carrying it, and since you asked the question, I'm assuming you don't. People who operate motor vehicles without insurance on public roads are irresponsible, selfish and reckless. That's not opinion. That's fact. The uninsured put everyone around them at risk.

And that's what forces me to buy a personal umbrella liability policy with an uninsured/underinsured driver endorsement on it. Effectively, the uninsured are forcing me to spend an extra $150 per year just to keep myself protected in case I get hit by them. I urge you all to get this policy and this endorsement on it. Someday one of these (oh, we'll call them "drivers") may hit you and put you in a nursing home for life. Who's going to pay for that? Certainly not him. So it all falls on you. And if all you have on yourself is $250,000, that will last about 4 years at today's nursing home costs.

Uninsured and underinsured motorists PISS ME OFF. There's NO excuse for it. And I make no apology for not sticking to the topic of the thread, because in the end, that IS the topic.

Rockroll
 
#48 ·
I'm living in WA but am only 10 miles from the ID border. Got in an accident on my bike in ID. I had insurance but didn't carry proof since not required in WA. The cop at the accident scene told me he didn't what to add insult to injury. So he didn't ticket me but he could have. And I would have had to go to court to prove coverage.

Also heard about guys getting tickets during Sturgis for not carrying proof. And they had to either pay or schedule court at a later date.
 
#49 ·
Strange as it may sound, it looks like the Florida Financial Responsibility Law does NOT require liability insurance (for bodily injuries or property damage to others) for motorcycles. See, F.S.A. Sec. 320.022. This is the statute that sets out when liability insurance is required, and the definition of "motor vehicle" is limited to motorized vehicles with four or more wheels.

I don't practice in Florida, but this cursory review of their statutes appears to exempt motorcycles.

:yikes:

But remember, that doesn't excuse you from meeting the minimum liability insurance laws of other states to which you travel on your MC.
Let me try to understand the concequences of this.

Assumption #1: I am a Florida resident legally operating a motorcycle without liability insurnace.

Assumption #2: I am involved in an accident with a car where there is $5,000 in damage and $2,000 medical expenses sustained by the occupants of the car.

Assumption #3: The police officer determines that I am at fault.

Result: I pay the $5,000 repair bill, rental for a replacement vehicle while the car is in the shop, and $2,000 in medical bills for injuries sustained by any occupants of the car. Plus I have to pay for the repairs or replacement of my own motorcycle. Oh yea, if I have a loan on the motorcycle and it is totaled the loan company will expect full payment pronto. Or you could try to be sneaky and just continue making payments on a motorcycle you don't have anymore.

Sounds like those motorcycle riders in Florida who are driving without insurance just because the state doesn't mandate it are a pretty high IQ bunch.

PS. There is no law that requires you to eat and the annual cost of eating is way more than insurance. Do you eat? Think how much money you could save if you didn't. Do you really need a law to tell you what the right thing to do is? If so then please don't complain about a big invasive government.

PSS. If you come through Texas without insurance and you crash into me and your at fault, I don't much care what Florida law says, I'll see you in a Texas court looking for everything you own or will ever own in the future. Especially if there is an injury involved to me or a member of my family. Don't believe me, ask the nice school teacher down the street driving a brand new Nissan Ultima without insurance, ran a red light, crashed into me totaling both cars. Yes my insurance offered to covered my car and medical bills, but as a private citizen we all have the right to initiate independent legal action and in cases of clear cut fault lawyers line up for that business. Heck, here in Texas lawyers even advertise on TV begging that kind of business. Cost to the teacher, about $16,000 to her bank to pay off her car loan, $50,000 to me for combined damages, emotional distress, medical, loss of work and punative damages and legal fees for both sides. Cost to me? $0 plus some inconvenience. Cost to my insurance company? $0

PSSS. No aimed at you Legal_Eagle, but rather motorvehicle operaters at large who drive without insurance.
 
#50 ·
Florida law states ( at last check, they change the lays here weekly ) if your under 21 you have to wear a helmet and carry an SR/22. If your over 21 you have to carry Med Ins. That means if you have something like Blue Cross at work, your good. I have never been ask for my Med Ins card, ever. I let my ins. laps on the bike and now shopping for a better price, I had replacement value. You can do a Google search for ABAT in Florida, they have a list of all bike laws in the state and what is required, Smitt
 
#51 ·
I believe that if you have $10K in medical coverage you do not need other insurance in Florida on a motorcycle with a helmet.

If you are going to travel out of state maybe your insurance agent can sell a liability policy for the time period. $100K liability for a year should not be more than $100. Cancel it when you get back and get the refund.
 
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