by The Motorcycle Lawyer^sm, Attorney Jason Waechter

 

 

Here is a table showing a summary of the most common laws that biker's inquire about. Scroll down for a more complete listing of laws.

 

Visit our FAQ's After An Accident page. 

It has eveything you need to know if you've been in a motorcycle accident.

 

 

On-Road Brief Michigan Motorcycle Law Overview
Safety Helmet	Optional for those 21 yrs of age or older AND has had either a motorcycle endorsement for 2 years or has taken an accredited motorcycle safety class AND has purchased atleast $20,000 of coverage for medical benefits on their insurance policy. (This law was passed on April 13, 2012)
State Funded Rider Ed	Available for all eligible applicants-required under age 18
Eye Protection	Required by law unless equipped with windscreen, required at speeds over 35 mph
Daytime Use of Headlight	Modulating headlight permitted
Passenger Seat	Required if carrying a passenger
Passenger Footrest	Required if carrying a passenger
Passenger Age Restriction	None
Helmet Speakers	No Restrictions
Periodic Safety Inspection	Required by law - random
Mirror Left(L) Right(R)	One required by law
Radar Detector	No Restriction
Turn Signals	Not Required
Muffler	Muffler required.
Maximum Sound Level	Maximum allowable A-weighed sound levels as measured from 50 feet (Sec. 257.707c): 86dBA at speed over 35mph; 82dBA at speed less than 35mph; 95dBA under stationary run-up test at 75 inches.
State Insurance Requirements	Compulsory Liability (Minimum Limits)(20/40/10) As of April 2012 riders who choose NOT to wear a helmet must carry at least $20,000 worth of coverage for medical benefits.  Those riding with a passenger must carry an additional $20,000 if the passenger chooses not to wear a helmet.
Handlebar Height	Maximum of 15" above seat
Rider-Education Waiver	Skill Test
Accept Motorcycle Endorsement From Other States	Yes
Accept RiderEd Completion Card From Other States	No
Motorcycles operating two abreast in same lane	Yes. Sec. 660 -(1) A person operating a bicycle, electric personal assistive mobility device, low-speed vehicle, or moped upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. A motorcycle is entitled to full use of a lane and a motor vehicle shall not be driven in such a manner as to deprive a motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated 2 abreast in a single lane.
Lane Splitting	257.660 (4) A person operating a motorcycle, moped, low-speed vehicle, electric personal assistive mobility device, or bicycle shall not pass between lines of traffic, but may pass on the left of traffic moving in his or her direction in the case of a 2-way street, or on the left or right of traffic in the case of a 1-way street, in an unoccupied lane."

 

 

     Michigan bikers often get shafted under our present law and how insurance companies and policies treat us.  Some examples are:

 

    1. If the driver that hit you has insurance, you can not get your deductible paid by him or his insurance company.  This is different from if you were in your car, truck or van and an example of how we bikers get shafted.

 

    2.  In order for anyone to be entitled to No-Fault Benefits (medical bills paid for life, 85% of your wage loss *, $20.00 a day for house hold chores, medical mileage, and attendant care) a "motor vehicle" must be "involved" in the crash.  A "motorcycle" is not a "motor vehicle" as defined by Michigan's No-Fault Law.  This is significant because a biker often is injured when there is not "motor vehicle" involved.  Examples include: hitting an animal, loose gravel, pot holes, defective roadway, or another "motor cycle";  in each of these examples a biker would not be entitled to No-Fault Benefits.

 

     3. Accessories and customization to your motorcycle is often not covered by insurance.  Often we spend tons of money on customizing our bikes and when there is a loss, only then do we find out that none or only a very limited amount of it is covered by the insurance that we purchased.  Some motorcycle policies come with $1,000 worth of accessories coverage; some with none.  You can purchase an accessories rider on your policy to cover your customization.  I recommend calling an independent agent to discuss this.

 

 

    Negligence Case: Michigan motorcyclists are protected under Michigan motorcycle law that makes negligent drivers responsible and liable to Michigan motorcyclists. A bike 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 may 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.

 

 

 

Michigan Motorcycle Law

 

 

Ø     Michigan Helmet Law: Not required for everyone.  See above for description of rules. (Chapter VI. Obedience To and Effect of Traffic Laws. Operation of Bicycles, Motorcycles and Toy Vehicles. Section 257.658)

Ø      

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

 

Ø     Eye Protection: Not required

 

Ø     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.
 

 

Ø     Michigan no fault benefits:

·       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.

 

Ø     Michigan required insurance for motorcyclists: Yes, a Michigan motorcycle must be insured.

 

Ø     State Insurance Requirements: Minimum – Compulsory Liability

 

Ø     Motorcycle has requirement minimum insurance- Who’s responsible to pay?

 

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.

 

1) Insurer of Owner or Registrant of the Motor Vehicle Involved in the Motorcycle Accident

[MCLA 500.3114(5)(a)]

2) Insurer of the Operator of the Motor Vehicle Involved in the Motorcycle Accident

[MCLA 500.3114(5)(b)]

3) Motor Vehicle Insurer of the Operator of the Motorcycle Involved in the Motorcycle Accident

[MCLA 500.3114(5)(c)]

4) Motor Vehicle Insurer of the Owner or Registrant of the Motorcycle Involved in the Motorcycle Accident

[MCLA 500.3114(5)(d)]

5) Motor Vehicle Insurer of the Owner of the Motor Vehicle of Resident Relative to Victim in the Motorcycle Accident

[MCLA 500.3114(1)]

6) The resident relative of the injured motorcyclist (driver or passenger) [see MCL 500.3114(1)]  If none then,  [OTHER LAWYERS DON'T HAVE THIS DETAIL ON THEIR SITES]

7) Assigned Claims Facility

[MCLA 500.3172]

 

 

 

Ø     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.

 

Ø     2 Types of Claims:

1)     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.

(1) 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]

(2) 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.

 

2)     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.

 

Ø     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.

Ø     Exceptions:

-Minors: Have until 1 year after the 18^th birthday

-Military personnel

-Mentally incompetent

 

Ø     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.

(1) 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.

(2) Personal protection insurance benefits are due under this chapter without regard to fault.

(3) Bodily injury includes death resulting therefrom and damage to or loss of a person's prosthetic devices in connection with the injury.

(4) 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.

Ø     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, note that there are a few exceptions.

 

Ø     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.

 

 After any crash, call for free legal advice. Call our team of lawyers at 1-877-Biker-Law.

 

Whose insurance company has to pay the No-Fault Benefits for a Michigan Motorcyclist?

MCLA §500.3114(5) guides us to determine this: 

 (5) A person suffering accidental bodily injury arising from a motor vehicle accident which shows evidence of the involvement of a motor vehicle, while an operator or passenger of a motorcycle, shall claim personal protection insurance benefits from insurers in the following order of priority:

a. The insurer of the owner or registrant of the Motor Vehicle (car, Truck or van) "involved" in the accident; if none then, 

b. The insurer of the operator of the motor vehicle involved in the accident; if none then,

c. The motor vehicle insurer of the operator of the motorcycle involved in the accident; if none then, 

d. The motor vehicle insurer of the owner or registrant of the motorcycle involved in the accident; if non then, 

e. The resident relative of the injured motorcyclist (driver or passenger) [see MCL 500.3114(1)]  If none then,

f.  The Assigned Claims Facility  MCL 500.3172

 

 Is Contact with another "Motor Vehicle" (car, truck or van) required before a Michigan Motorcyclist is entitled to No Fault Benefits?

Answer: Contact is not required for No-Fault Benefits. However, if a Michigan biker failure to insure his or her motorcycle it will disqualify the owner from No-Fault Benefits. Note that the rules for ownership are different for motorcycles. The only way one can be deemed a legal "owner" of a motorcycle  for No-Fault purposes is to be the title holder.   This is different for a car, truck or van where 30 days of use will make one the "owner" and be disqualified. See Auto-Owners v Hoadley, 201 Mich App 555 (1993).

 

 

If the owner of a car does not have insurance, he can not sue the at-fault driver for his pain-and-suffering damages.  Is this true with Michigan motorcycles?

Answer: No.  Because of the special definitions of "Motor Vehicle" and "Motorcycle" a Michigan motorcylist can still have a case even if their motorcycle was uninsured.  This is different from a car, truck or van and many attorneys do not know this exception.  Cite: MCL 500.3135 (2)(C)), relating to NONeconomic loss only says: "Damages  shall not be assessed in favor of a party who was operating his or her own  MOTOR VEHICLE at the time the injury occurred and did not have in effect for that MOTOR VEHICLE the security required by section 3101 at the time the injury  occurred." Section 3101 only requires insurance for motor vehicles (section 3103 requires separate insurance for motorcycles), and a motorcycle is not a  motor vehicle per section 3101(2)(e). Therefore, an uninsured motorcyclist is not disqualified from pursuing a tort claim.