Legal Question in Civil Litigation in Florida

Re: Motorcycle liability.

Yes, you can be sued. Whether you have insurance has nothing to do with the question of whether you can be sued.

Re: Motorcycle liability.

Of course you can be sued. But, you will have no liability unless you were negligent. If you negligently entrusted your motorcycle to someone you had reason to know was not safe to drive it, or if you negligently maintained your motorcycle and the condition of the motorcycle caused, to some significant degree, the accident. Otherwise, the suit will not be successful. Your insurer is required by the terms of the policy to provide you a defense, and to answer in damages up the liability limits of the policy. It can be liable above the limit, but only if it had the opportunity to settle the claim within policy limit and failed to do so.

Re: Motorcycle liability.

Yes, assuming that you gave permission for the person to use your motorcycle.

Re: Motorcycle liability.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes. You can be sued if someone riding your motorcycle is hurt or killed by the person if he or she survives, the person's estate if he or she is killed, and certain family members. If you have insurance, your insurance company may provide coverage and legal representation but you would be responsible for any amounts awarded in excess of your coverage. Often times, insurance companies will suggest that you obtain independent counsel to represent you if the claim is for an amount in excess of your coverage.

Scott R. Jay, Esq.