When it comes to motor scooters, Florida law is a bit confusing. In reading through various statutes and definitions, there is no requirement under Florida law to carry liability, medical, or property damage insurance for most motor scooters. Florida law defines a motor scooter as a motor vehicle. As such, the operator of a motor scooter must have a valid Florida Driver's License. If the motor scooter has an engine displacement of 50 cubic centimeters or less and cannot go faster than 30 miles per hour on a flat road, there is no insurance requirement in the State of Florida. If a motor scooter has an engine displacement over 50 cubic centimeters, then Florida law would consider this "motor scooter" to be a motorcycle for insurance purposes. There are no insurance requirements for motorcycles unless the operator decides that he or she does not want to wear a helmet. A person 21 years of age and older can choose not to wear a helmet while operating a motorcycle as long as he or she carries $10,000 in medical coverage. This requirement can be met by simply having a health insurance policy in effect.
With respect to most motor scooters sold and on the road in the State of Florida, there is no insurance requirement per se; however, it is best to carry motor scooter insurance so that medical bills, property damage expenses, and other damages can be covered. A motor scooter owner should consult with a reputable and established insurance agent to discuss the options for insurance. Here are the insurance categories that can be purchased for coverage while operating a motor scooter:
Medical Payment Insurance. Medical payment coverage can pay for medical bills associated with a motor scooter accident. In the after math of a motor scooter accident, it is helpful to have this type of coverage as health insurance coverage can limit the options as to treatment. In addition, health insurance guidelines may also limit the type and duration of treatment that a motor scooter victim receives following a motor scooter accident. Having $10,000 or more in medical payment coverage would be beneficial in the aftermath of a motor scooter accident to cover the bills related to the personal injuries.
Uninsured / Underinsured Motorist Insurance. If a motor scooter operator is injured by a driver who lacks insurance or merely carries a minimal amount of insurance, then uninsured or underinsured insurance can be quite beneficial. It should be noted the medical payment insurance only pays for medical bills. For an injury victim to get any compensation for pain, suffering, loss of enjoyment of life, and / or mental anguish, then there must be bodily injury coverage for the at-fault driver OR uninsured / underinsured motorist coverage in place for the motor scooter operator. When a motor scooter operator is on the road without uninsured / underinsured motorist coverage, there is a risk that there will be no viable source of recovery for personal injuries if the at-fault driver lacks good insurance. It should be noted that drivers who lack insurance or just have a minimal amount of insurance often lack any assets to pay for damages / injuries suffered by the injured motor scooter operator.
Collision Insurance. Collision insurance will cover damages to the motor scooter regardless of fault for the accident.
If the motor scooter operator injured as a result of an accident / crash lacks motor scooter insurance, a case or claim can still be pursued. It just can be a bit more challenging in securing medical care and a settlement. From a practical standpoint, it will all depend on the available coverage in place for the motor scooter injury victim.
A motor scooter owner should also purchase bodily injury coverage and property damage coverage. It should be noted that a person cannot obtain uninsured motorist / underinsured motorist coverage without first obtaining bodily injury coverage. Bodily injury insurance will cover damages / injuries claimed by another person if the motor scooter operator was partially or wholly at fault for the motor scooter accident. Property damage insurance will cover damages to another vehicle if the motor scooter operator was partially or wholly at fault.
For over 30 years, David Wolf has represented personal injury victims in a wide array of accidents / crashes. He is quite familiar with insurance coverage and regulations. Contact David Wolf today for a free consultation to determine your legal rights and recommended courses of action. He can be reached at (904) 500-WOLF or (904) 500-9653 and at dwolf@davidalanwolf.com David Wolf firmly believes in Giving a Voice to Injury Victims and Their Families.
