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Although it may seem the only talk about money in Michigan is how little there is, this is actually about money coming back to Michiganders! Earlier last week regulators announced that they had returned over $25 million to insurance policyholders in the state of Michigan this past year.

Where did this money come from? Officials from the state’s Office of Financial and Insurance Regulation (OFIR) stated that of the $25 million, $5 million was recovered from the reversal of denied claims and for residents with life, home, auto, or another policy, refunds on their premiums, (NC and Mich. Regulators Recover a total of $67 Million for Consumers, Matthew Morisset, Online Auto Insurance, http://news.onlineautoinsurance.com/state/north-carolina-car-insurance-recoveries-96015).

On the matter State Commissioner Kevin Clinton stated that "OFIR’s hardworking consumer assistance staff remains focused on helping Michigan citizens navigate through the state’s complex financial service industry."

Another large chuck of change, $19 million, was recovered for Michigan policyholders when regulators aided in settling disagreements between mortgage companies and residents, as well as supporting consumers with their mortgage modifications, (NC and Mich. Regulators Recover a total of $67 Million for Consumers, Matthew Morisset, Online Auto Insurance).

Last minute holiday shopping stressing you out this season? Not to worry! No matter what holiday you celebrate there is still time to get a gift that will be sure to bring joy to the motorcyclist on your list.

• Fuel Cap Cuff Links: these cuff links are designed to look like fuel caps that you’d see on vintage and modern race bikes. Made from sterling silver these treasures run for about $45. www.racechairs.com

• Pro-Bolt Hardware: the perfect accent for any bike, from aluminum to stainless-steel, you’re bound to find that finishing touch for any bike. www.probolt-usa.com

• English 101 DVD: Motorcyclist on your list depressed about having to store the bike over the winter? This is the perfect gift to cheer him/her up! This DVD goes over the unit and pre-unit Triumph and BSA engines, discussing valve adjustments, carburetor tuning to ignition timing and performance upgrades. www.lowbrowcustoms.com

• Gear: Whether your motorcyclist is lacking in gear or just needs an upgrade, clothing and accessories from glasses to jackets and boots will keep your biker in style and as well as protect them when out on the open road.

• Biker Ties: If the motorcyclist on your list appreciates a good tie or has to wear them for work purposes, one of Bethany Shorb’s ties is a perfect match. The Detroit-based designer creates designs that she paints by hand onto silk ties. Some designs that would delight any biker are the engine block, exhaust and tire-tread patterns. www.cyberoptix.com

• Tools: whether it’s for storing purposes or to get a bike in gear once spring hits, these tools are bound to help any biker out. Look to battery chargers, rear stand, loop rope, lift stand, stretch netting, taper tie downs, spoon tire iron, or visit www.motorcycle-superstore.com for more tool ideas.

• One of the best gifts of all? A TRIP! There are several venues that offer a planned ride with hotel accommodations in some of the most beautiful areas in the states. What motorcyclists wouldn’t love a pre-paid trip! The gift of riding always tops the list.

Any of these gifts are bound to make YOU the number one gift giver this year.

Happy Shopping!

(Holiday Gift Guide, Motorcyclist Online,

http://www.motorcyclistonline.com/gearbox/gear/122_0912_holiday_gift_guide/viewall.html, 2011 Motorcycle Holiday Gift Guide: Tools, Motorcycle USA,

http://www.motorcycle-usa.com/841/11759/Motorcycle-Article/2011-Motorcycle-Holiday-Gift-Guide--Tools.aspx).

On August 24 of this year Michigan State Representative Paul Opsommer proposed the House Bill 4885.

The bill would prohibit the state of Michigan from enforcing a vehicle-miles-traveled (VMT) tax. The bar-bones of the tax is that vehicles would have some type of GPS or other global-positioning-satellite based system that would track the vehicle and based on the mileage of that vehicle charger the driver/rider a fee.

Rep. Opsommer has noted that several different special interests groups have lobbied for this type of GPS/location system for taxing purpose to be installed in standard everyday vehicles. Opsommer believes that "especially in a state like Michigan where cars have always been tantamount to independence and freedom I remain convinced that there are other ways to address road funding issues without turning our road systems into electronic toll networks that would begin to tax you the very moment your car leaves the driveway," (Highway Re-Authorization: The Next Looming Federal Deadline,

http://www.gophouse.com/readarticle.asp?ID=7748&District=93).

The most recent update on the bill; it has been referred to a committee on transportation where it will be discussed during any topics of electric vehicles being used in the state, (Highway Re-Authorization: The Next Looming Federal Deadline).

Check back here for the latest updates on House Bill 4885.

After suffering from both a leg and ankle injury Kevin Agee’s lawsuit was dismissed. Not because his injuries were false but because he was not specific about the location of his accident.

Agee’s accident occurred along the service drive of the Southfield Freeway in Dearborn in October of 2009. Agee claims the accident occurred due to defects in the road causing him to fly off his bike and therefore sued the Michigan Department of Transportation, (Motorcyclists loses lawsuit over road conditions, Rick Barrett, Journal Sentinel,

http://www.jsonline.com/blogs/business/133956338.html).

The state appeals court dismissed the suit maintaining that Agee did not abide by Michigan law as it states one must present specific details about the defective road’s conditions which caused the accident.

A ruling from a panel of three judges stated that the area Agee described was a quarter of a mile long and that he did not provide any landmarks that could target the exact location of the poor road conditions.

Update on the repeal of the state law that requires Michigan motorcyclists to wear helmets: it has passed the state House with a 69-39 vote.

The repeal would allow riders age 21 and older to not wear a helmet if they chose provided that they meet specific insurance requirements and experience. Experience required would be to have been licensed to ride a motorcycle for at least two year or to have passed a safety course. As for the insurance portion, the House bill would require to have at least $20,000 coverage for first party medical, (Michigan House approves helmet law repeal, Morning Sun,

http://www.themorningsun.com/articles/2011/11/03/news/doc4eb1a2ba2a0b6758491440.txt?viewmode=fullstory).

Now that the bill has passed in the House, it moves back to the Senate, where a similar bill was already passed. The next step, if the bill passes the Senate with the House approved changes to receive a "yah" or "nah" from Governor Rick Snyder. Snyder spokeswoman Sara Wurfel said that "the governor has been clear and consistent that for him to look at any helmet law repeal it has to take place in context of broader auto insurance reform," (Michigan House approves helmet law repeal, Morning Sun).

The Senate bill differs from that of the House in that it requires those who chose to not wear a helmet while riding to have a minimum coverage of $100,000 for first-party medical benefits.

This not the first time that Legislature has passed a bill to repeal the helmet law however; a similar bill was vetoed twice by previous Governor Jennifer Granholm. Those that oppose the repeal state it is due to the fear of increased deaths due to accidents, injuries, and also an increase of insurance costs. Those for the repeal believe that it is a matter of personal choice to wear a helmet and that the current law has deterred tourists from venturing to Michigan.

Mark Mensch proposed a bike week to the city of Grand Rapids, but in the end it is Walker that will open its arms to the 40,000 bikers and potential profit about $10 million this upcoming July.

Mensch original wanted to strike up an agreement with Grand Rapids, but could not come up with one that would please all parties. The city had to be aware of all possible concerns, such as when Mensch had requested to close streets and tie-up congested downtown areas. Greg Sundstrom the City Manager of Grand Rapids expressed that "we were committed to working with him, but it appears he’s found a better deal that works for him and we’re happy for that fact," (Controversial proposed Bike Week in Grand Rapids finds new home in Walker, Nate Reens, The Grand Rapids Press,

http://www.mlive.com/news/grandrapids/index.ssf/2011/10/controversial_proposed_bike_we.html). Mensch’s feelings on the matter, he’s "not sure why our money’s no good there, but we’re going to have a good time out there (Walker)." Originally proposed to in July 2010, and after a year of not agreeing on terms, Mensch moved on to Walker.

Mensch is more than pleased with the new location. Once he walked into Joel Langlois’s office, owner of the DeltaPlex in Walker, "he was pretty much on board. He understood the value," said Mensch, (Controversial proposed Bike Week in Grand Rapids finds new home in Walker, Nate Reens, The Grand Rapids Press). The venue is just what Mensch had pictured as there will be both indoor and outdoor space. The DeltaPlex also allows beer and wine vending as well.

The event is going to happen four miles from the downtown area. Mensch is going to create a "city presence as he’s working to have ‘satellite’ locations at downtown nightclubs once vendors and parts manufacturers close down for the night in Walker," (Controversial proposed Bike Week in Grand Rapids finds new home in Walker, Nate Reens, The Grand Rapids Press). He did not give a list of the bars that would be participating yet.

This event is going to last six days and Mensch predicts to draw from a 500 mile radius and generate around $10 million throughout the area. This will come from visitors who stay at hotels, go out to eat in nearby restaurants, and purchases of merchandise/souvenirs. Mensch believes this can help the city in that "these dollars are new. We’re developing new tourism," (Controversial proposed Bike Week in Grand Rapids finds new home in Walker, Nate Reens, The Grand Rapids Press).

The event is scheduled to run sometime in July 2011. Mensch believes this event will work well with other bike weeks such as Muskegon Bike Week, which is from July 20 to July 22. The hope is to get visitors to stay awhile, visit other areas in Michigan to continue to draw in tourism and celebrate bike weeks throughout the state.

As most Michiganders know, our state has beautiful wooded areas and those wooded areas attract a variety of wildlife. During these next fall months leading into winter the encountering of deer on roadways is at its peak, so knowing a few essential facts and tips this fall can help you avoid a deer-collision.
 

Last year there was an estimated 1.5 million animals that were hit on U.S. roads, with more than 200 people killed out of those collisions, (Defenders of Wildlife, Watch Out for Wildlife Facts,http://www.defenders.org/resources/publications/programs_and_policy/

habitat_conservation/habitat_and_highways/collision_facts_and_figures.pdf). Looking just at the mitten, the number of deer crashes in 2010 was 55,867 with roughly 8 happening every minute. Of those 55,867 crashes in Michigan the top 5 counties that had the most were Kent (1,976), Oakland (1,836), Jackson (1,779), Calhoun (1,618), and Montcalm (1,319). The majority of deer-collisions in Michigan, about 42.9%, happen from October to December, with November being the highest last year with 9,558. Zooming back out to nation-wide statistics, 2% of all car-wildlife collisions are fatal, but 85% of deer-motorcycle collisions end in human fatality. That’s why it is crucial to keep these tips in mind this fall when driving down roads in wildlife areas, (Michigan Deer Coalition, www.michigandeercrash.org).

• Be alert-although deer collisions happen more often in rural and wooded areas,they happen  in urban areas all over the state as well.
• Slow down. A decrease in speed will give you more time to respond if an animal crosses your path.
• Cover your breaks to reduce reaction time.
• Whenever possible (not in foggy or snowy weather conditions) use high beam headlights.
• When riding in a group, have everyone spread out in a staggered formation. This will lessen the chance of more than one rider hitting a deer if one jumps in the group’s path. Always wear protective gear.

 (Michigan Deer Coalition, What Motorcyclists Can Do to Avoid Vehicle Deer Crashes, http://michigandeercrash.org/Motorcyclists.aspx).

If unfortunately you do hit an animal while riding, follow these steps to keep yourself safe and others informed.

• STOP-pull over to the side of the road, and if you have any reflective road gear with you pull that out to warn other drivers.
• Do NOT approach the wounded animal as it may try to kick, bite or attack you as it vulnerable and potentially injured.
• REPORT IT: to the State wildlife agency, local police, your insurance company, local wildlife rehabilitator (if the animal is injured) and if you think the animal may be an endangered species the U.S. Fish and Wildlife Service. Although it may seem like a lot of numbers to call, this will help wildlife and transportation agencies to keep up-to-date data on where wildlife collisions are happening.

 (Defenders of Wildlife, What to Do After a Collision,

http://www.defenders.org/programs_and_policy/habitat_conservation/

habitat_and_highways/take_action/watch_out_for_wildlife/after_a_collision.php).

Stay alert this fall and watch out for animals crossing your path to keep you and wildlife safe!
 

Deciding to fulfill that lifelong dream of nothing but you, a bike, and the open road? If you’ve recently purchased a bike for the first time, be mindful of these common beginner mistakes. If you’ve been riding for years, a little review never hurts!

1. For your very first bike don’t select one too large or heavy. Many find that it is easier and more comfortable to learn to ride on a smaller bike to start, and then move up to larger bike.

2. Start off on the right roads. Avoid dense traffic, tricky intersections and hairpin curves when learning. It will help to build up your skills on back roads, sedate neighborhoods and country roads and then venture out into high traffic areas once you feel more comfortable.

3. Keep a 360-degree mental picture of traffic. Being aware of your surroundings is key, scan near-to-far and side-to-side and keep checking your mirrors. This will help you see and be prepared if threats are near.

4. Do not overestimate your visibility. One trick MSF (Motorcycle Safety Foundation) gives is to assume you’re invisible. This way you don’t expect others to yield to you, but expect them to violate your right of way which will make you ride more defensively. This will get you in the habit of covering your brake lever and pedal to give you more of a reaction time.

5. Be sure not to carry passengers or group ride until you are ready. Being comfortable with your motorcycle and riding skills is crucial before venturing out with others. "Carrying passengers can reduce your maneuverability or upset your balance. Riding in a group means paying attention to all the other riders while trying to focus on your own ride, (Common Beginner Mistakes, Ask the MSF, American Motorcyclists, Nov. 2011). This can be a bit of a sensory overload for beginners.

(Common Beginner Mistakes,American Motorcyclist, Nov. 2011).

The best way to get your motorcycling underway is to take formal training courses and practice on your own. Don’t feel rushed, go at your own pace to insure you’re comfortable and ready to keep yourself and others safe out on the road. For more information on safety and courses visit

www.MFS-USA.org

The insurance industry seeks to make drastic changes to Michigan’s current No-Fault Law to shaft bikers. They’ve used slick wording by calling the proposed new law "The Consumer Choice Insurance Act." They’re trying to sell it to the public by claiming it would allow people to choose different amounts of coverage and save money. Although this article goes into detail regarding the effects on bikers, if it passes it will affect ALL drivers. Michigan Bikers Beware: also inserted in the bill are terrible regulations affecting Michigan Bikers.

Injured Motorcyclists’ Rights Severely Limited

1. No Helmet/No No-Fault Benefits: Anyone on a motorcycle (operators or passengers) not wearing an approved helmet does NOT get No-Fault Benefits, whether or not the lack of a helmet had anything to do with the kinds of injuries suffered. Benefits may have included 85% of wages for up to 3 years, $20 a day for replacement of house chores, medical bills paid, medical mileage, and attendant care.

2. Limit of No-Fault Benefits: Even if a biker is wearing an approved helmet and even if a biker purchased higher coverage on his or her auto no-fault policy, he or she is only entitled to the minimum No-Fault benefits of $250,000 for medical and rehabilitation expenses. On the other hand, drivers of motor vehicles may purchase coverage limits and receive medical up to a maximum of $5,000,000.00 Under existing law, medical and rehabilitation expenses are unlimited, so the proposed change is huge.

3. No Helmet: It’s Automatically YOUR Fault: Motorcycle operators and passengers not wearing an approved helmet shall be considered 35% at fault. The biker’s claim for noneconomic damages will be reduced by 35% regardless of the type of injury or the fact that the motorcyclist was not at fault. For example, if a drunk driver rear ends a biker who was not wearing an approved helmet, causing a fractured leg but no head injury, noneconomic damages are automatically reduced by 35%. Also remember the 50% Rule. If someone is more than 50% negligent they CANNOT recover compensation for an injury/death claim. So, if other facts of the accident make the biker negligent by only 16% more, (for example, 5 mph over speed limit), the biker gets -0-.

4. No Helmet: No Excess Damages: Motorcycle operators and passengers not wearing an approved helmet cannot make a claim for economic loss damages from the at-fault driver. Economic loss damages now include wage loss, loss of services, and excess medical bills. For example, if you earn more than the No-Fault wage maximum (now $4,929 per month), you now can claim any loss over the wage maximum in your negligence case against the at-fault driver. Under the proposed law, if no helmet, then no economic loss damages are allowed.

Check back here for the latest news and updates regarding this bill.

HOUSE BILL NO. 4936

September 13, 2011, Introduced by Rep. Pete Lund (District 36 Shelby Township) and referred to the Committee on Insurance.

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