Can You Sue If You Don’t Have a Motorcycle Endorsement in Florida?
Let’s say you’re out riding your motorcycle in Florida. You’re following the rules of the road, not doing anything crazy, and then BAM! A distracted driver plows into you. You’re hurting bad. Bike’s wrecked. Hospital bills start piling up. You start thinking: “Can I sue this Jack-Ass for damages?”
But then it hits you – you never got that motorcycle endorsement on your Florida driver’s license.
So, does that mean you’re outta luck and can’t sue the driver who hit you?
The short answer is: No, you can STILL sue. Let me break it down for you, biker-to-biker and lawyer-to-rider.
What Is a Motorcycle Endorsement Anyway?
In Florida, to ride a motorcycle legally, you need a motorcycle endorsement added to your driver’s license. It shows you took the basic rider course and know what you’re doing. Riding without it is technically a crime—a second-degree misdemeanor.
So yeah, it’s illegal. But that’s a criminal/traffic issue. It’s not a civil issue that blocks your right to sue someone who hits you.
Can You Still File a Lawsuit If You Don’t Have the Endorsement?
Absolutely. Florida law does not stop you from going after the driver who caused your injuries, even if you were riding without that little “Motorcycle Also” endorsement on your license.
If that car or truck driver was at fault, you have every right to sue for:
- Medical bills
- Lost wages
- Pain and suffering
- Your wrecked bike
- Future care, and more
Even if you didn’t have your motorcycle endorsement.
But Won’t the Insurance Company Use It Against You?
You bet they’ll try.
The other driver’s lawyer or insurance company might say something like:
“Well, your honor, this biker wasn’t even licensed properly. He didn’t know how to ride!”
That’s a classic insurance defense trick. But here’s the deal: In Florida, just not having a license doesn’t automatically make you at fault. They have to prove that your lack of training or experience actually caused or contributed to the crash.
If you were sitting at a red light and got rear-ended?
No amount of license talk can get that driver off the hook.
Now, if the crash happened because you did something that shows lack of skill—like dropped the clutch in a turn or panicked on the brakes—then maybe they can argue your lack of endorsement played a role. That’s when Florida’s comparative negligence rules come into play.
What’s Comparative Negligence?
Florida follows a rule where blame gets split up if both parties are at fault. If a jury decides you were, say, 20% responsible for the crash, your total money award gets cut by 20%.
So if your case is worth $100,000, you’d get $80,000.
BUT… if you were 0% at fault (like getting hit while riding straight), then you get 100% of your damages. The lack of a motorcycle endorsement doesn’t change that if it had nothing to do with the crash.
What Do the Florida Courts Say About This?
Here’s where it gets real.
In a case called Brackin v. Boles, the Florida Supreme Court said that just violating a license law (like not having an endorsement) doesn’t count as negligence unless it actually caused the accident.
In another case, Stewart v. Draleaus, a guy was riding with a passenger—but his license didn’t allow it. The court said that might be relevant, because carrying a passenger changes how a bike handles. The jury was allowed to hear about it and decide whether it contributed to the crash.
Bottom line: Courts only care about the endorsement if it somehow caused the crash or made your injuries worse.
So What Should You Do If You Get Hit and You Don’t Have the Endorsement?
- Don’t panic. You can still sue.
- Call a motorcycle attorney who knows the law and knows how to fight these insurance companies.
- Don’t admit fault or talk about the license to insurance adjusters—let your lawyer handle that.
Final Word from the Attorney That Rides
I’ve been riding for 46-years and practicing personal injury law in Florida since 2007 aggressively. I know how the law works, and I know how insurance companies think. Don’t let a missing endorsement stop you from getting the money you need to heal and get back in the saddle.
Rider rights matter. And I’ve got your back.
Injured in a motorcycle accident in Florida?
JUST CALL GABE!
