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Michigan motorcyclists are protected under Michigan motorcycle law that makes negligent drivers responsible and liable to Michigan motorcyclists. A biker who is involved in a Michigan motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence.
Damages could include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Michigan.
If you sustained an injury due to a Michigan motorcycle accident and you haven’t contacted a lawyer about your Michigan motorcycle accident, the best thing you can do for yourself is contact us now. We’ll listen to you and help you understand your options. If you have a case, we’ll help you find the best motorcycle accident injury attorney or law firm in your area.
As an attorney who litigates these cases, I belong to many trial lawyer and motorcycle lawyer groups and have gone out of my way to find the best motorcycle attorneys in each state. Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer℠.
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257.658: Bicycles, motorcycles, mopeds, electric personal assistive mobility devices, autocycles; operators and riders, seating, number, crash helmets, seat belts; rules
(4) A person operating or riding on a motorcycle in Michigan, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet
Eye Protection: Not required
No-Fault Insurance: Michigan is a no-fault state. [500.3101]
500.3101: Security for payment of benefits; definitions
Sec. 3101. (1) The owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance, property protection insurance, and residual liability insurance. Security shall only be required to be in effect during the period the motor vehicle is driven or moved upon a highway. Notwithstanding any other provision in this act, an insurer that has issued an automobile insurance policy on a motor vehicle that is not driven or moved upon a highway may allow the insured owner or registrant of the motor vehicle to delete a portion of the coverages under the policy and maintain the comprehensive coverage portion of the policy in effect.
Michigan motorcyclists are entitled to Michigan No-Fault benefits only if they are involved in a crash with a motor vehicle. Michigan motorcyclists and passengers are not entitled to no-fault benefits if involved in a crash with another motorcycle.
Michigan sets no monetary limit on the amount of care provided. Unlimited medical payments for life.
Note: If you do not have the required minimum insurance on your motorcycle in Michigan, you cannot get no-fault benefits under Michigan law.
Michigan required insurance for motorcyclists: Yes, a Michigan motorcycle must be insured.
State Insurance Requirements: Minimum – Compulsory Liability
MCLA 500.3114: Persons entitled to personal protection insurance benefits or personal injury benefits; recoupment barred; order of priority for claim of motor vehicle occupant or motorcycle operator or passenger; 2 or more insurers in the same order of priority; partial recoupment.
Insurer of Owner or Registrant of the Motor Vehicle Involved in the Motorcycle Accident [MCLA 500.3114(5)(a)]
Insurer of the Operator of the Motor Vehicle Involved in the Motorcycle Accident [MCLA 500.3114(5)(b)]
Motor Vehicle Insurer of the Operator of the Motorcycle Involved in the Motorcycle Accident [MCLA 500.3114(5)(c)]
Motor Vehicle Insurer of the Owner or Registrant of the Motorcycle Involved in the Motorcycle Accident [MCLA 500.3114(5)(d)]
Motor Vehicle Insurer of the Owner of the Motor Vehicle of Resident Relative to Victim in the Motorcycle Accident [MCLA 500.3114(1)]
Assigned Claims Facility [MCLA 500.3172]
Negligence:
Michigan owner of a motor vehicle is responsible for negligence of a driver of a motor vehicle who causes a Michigan motorcycle to crash.
257.401: Civil actions for injuries to person or property resulting from operation of motor vehicle; liability of owners or operators, lessors or lessees, dealers
Sec. 401. (1) This section shall not be construed to limit the right of a person to bring a civil action for damages for injuries to either person or property resulting from a violation of this act by the owner or operator of a motor vehicle or his or her agent or servant. The owner of a motor vehicle is liable for an injury caused by the negligent operation of the motor vehicle whether the negligence consists of a violation of a statute of this state or the ordinary care standard required by common law. The owner is not liable unless the motor vehicle is being driven with his or her express or implied consent or knowledge. It is presumed that the motor vehicle is being driven with the knowledge and consent of the owner if it is driven at the time of the injury by his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the family. This applies to Michigan motorcycle accidents.
First-Party No-Fault Claim:
Injured party’s insurer reimburses them for:
Medical Expenses
Wage Loss
Replacement Service
Medical Mileage
Attendant Care
500.3103: Motorcycles, security requirements; first-party medical benefits;
Sec. 3103.
An owner or registrant of a Michigan motorcycle shall provide security against loss resulting from liability imposed by law for property damage, bodily injury, or death suffered by a person arising out of the ownership, maintenance, or use of that Michigan motorcycle. The security shall conform with the requirements of section 3009(1). [FN1]
Each insurer transacting insurance in this state which affords coverage for a motorcycle as described in subsection (1) also shall offer, to an owner or registrant of a motorcycle, security for the payment of first-party medical benefits only, in increments of $5,000.00, payable in the event the owner or registrant is involved in a motorcycle accident. An insurer providing first-party medical benefits may offer, at appropriate premium rates, deductibles, provisions for the coordination of these benefits, and provisions for the subtraction of other benefits provided or required to be provided under the laws of any state or the federal government, subject to the prior approval of the commissioner. These deductibles and provisions shall apply only to benefits payable to the person named in the policy, the spouse of the insured, and any relative of either domiciled in the same household.
Third-Party Claim: Injured party brings suit against negligent motor vehicle operator. This cannot cover damages that have already been paid by the injured party’s First-Party Claim with their own insurance company.
Statute of Limitations for Michigan motorcycle accident:
First-Party Claim: Must file notice within 1 year of accident.
Third-Party Claim: 3 year Statute of Limitations.
Exceptions:
Minors: Have until 1 year after the 18th birthday
Military personnel
Mentally incompetent
Threshold Injury Requirement:
Required in order to recover non-economic damages from crash:
Serious Impairment of Body Function
Permanent Serious Disfigurement
Death
Closed Head Injury
500.3105: Insurer liable for personal protection benefits without regard to fault; “bodily injury” and “accidental bodily injury” defined.
Sec. 3105.
Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.
Personal protection insurance benefits are due under this chapter without regard to fault.
Bodily injury includes death resulting therefrom and damage to or loss of a person's prosthetic devices in connection with the injury.
Bodily injury is accidental as to a person claiming personal protection insurance benefits unless suffered intentionally by the injured person or caused intentionally by the claimant. Even though a person knows that bodily injury is substantially certain to be caused by his act or omission, he does not cause or suffer injury intentionally if he acts or refrains from acting for the purpose of averting injury to property or to any person including himself.
Damage to Motorcycle: Must carry collision insurance to cover your motorcycle to recover money for damages to the motorcycle. Motorcyclists cannot sue negligent motor vehicle operators for damages to their bikes. However, there are a few exceptions.
Michigan hit-and-run accident: Depending on the insurance you have on your motorcycle, you may be able to file a claim for your injures if you are in an Michigan motorcycle accident. This applies even if you do not know who hit you.
*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident. Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space. Law portion of site in progress. Michigan motorcycle law regarding Michigan motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
Who Should Seek A Motorcycle Accident Lawyer?
Anyone who has been involved in a motorcycle accident should seek the advice of a qualified and experienced motorcycle accident lawyer.
Why Should You Contact The Motorcycle Lawyer?
The Motorcycle Lawyer℠ helps motorcycle accident victims find a highly qualified lawyer in their state. Motorcyle accident victims need an edge wherever it exists, and the first place to gain that edge is by finding a lawyer who knows the unique laws in their state. The Motorcycle Lawyer℠ offers victims of motorcycle accidents this service at no charge to the accident victim seeking justice.
When Should A Motorcycle Accident Victim Seek Help?
It's very important to contact a lawyer as soon as possible. The Motorcycle Lawyer℠ has reviewed many motorcycle accident cases and through our experience we have found that the sooner we can hear the details of your accident, the more likely you are to win your case. It's too easy to forget important details of the circumstances of your motorcycle accident to risk waiting. Witnesses, victims, medical care providers, and police may not have a clear memory of your motorcycle accident and circumstances weeks or months after.
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Providing The Motorcycle Lawyer℠ with details of your motorcycle accident is free and does not obligate you to retain a lawyer. Please call us at no cost and speak with Jason Waechter, the owner and primary litigator, today.
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