How This Bill Will Affect YOU:
Extreme Prejudice: Bikers’ Treated Differently
Status of Bill: Michigan House Bill 4936 was introduced in the Michigan Legislature on September 13, 2011. It has not yet passed either the House of Representatives or the Senate.
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. 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 lost 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.
HOUSE BILL NO. 4936: September 13, 2011,
Sec. 3113. A person is not entitled to be paid personal protection insurance benefits for accidental bodily injury if at the time of the accident any of the following circumstances existed:
(D) THE PERSON WAS AN OPERATOR OF OR PASSENGER ON A MOTORCYCLE WHO WAS NOT WEARING ON HIS OR HER HEAD A CRASH HELMET THAT CONFORMED WITH THE REQUIREMENTS OF SECTION 658(4) OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.658. (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:
(6) AN INJURED PERSON CLAIMING PERSONAL PROTECTION INSURANCE BENEFITS UNDER SUBSECTION (5) IS LIMITED TO REASONABLE CHARGES INCURRED UP TO A MAXIMUM OF $250,000.00 FOR REASONABLE NECESSARY PRODUCTS, SERVICES, AND ACCOMMODATIONS FOR HIS OR HER CARE, RECOVERY, OR REHABILITATION.
Sec. 3135. (1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. (2) For EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, FOR a cause of action for damages pursuant to subsection 1 (1) filed on or after July 26, 1996, all of the following apply: (b)…AN OPERATOR OF OR PASSENGER ON A MOTORCYCLE WHO WAS NOT WEARING ON HIS OR HER HEAD A CRASH HELMET THAT CONFORMED WITH THE REQUIREMENTS OF SECTION 658(4) OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.658, SHALL BE CONSIDERED TO BE NOT LESS THAN 35% COMPARATIVELY AT FAULT.
c) Damages for allowable expenses, work loss, and survivor's loss as defined DESCRIBED in sections 3107 to 3110 in excess of the daily, monthly, and 3-year limitations contained in those sections. HOWEVER, A PERSON WHO WAS THE OPERATOR OF OR PASSENGER ON A MOTORCYCLE WHO WAS NOT WEARING ON HIS OR HER HEAD A CRASH HELMET THAT CONFORMED WITH THE REQUIREMENTS OF SECTION 658(4) OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.658, IS NOT ENTITLED TO RECOVER THE DAMAGES DESCRIBED IN THIS SUBDIVISION.
• Approved Helmet: Section MCL 257.658 Helmets meeting all of the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 218.
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